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CFI 002/2014 Amjad Hafeez v Damac Park Towers Company Limited

CFI 002/2014 Amjad Hafeez v Damac Park Towers Company Limited

April 14, 2014

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Claim No. CFI 002/2014

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE COURT OF FIRST INSTANCE
BEFORE H.E. JUSTICE SHAMLAN AL SAWALEHI

BETWEEN

AMJAD HAFEEZ

Claimant

and

DAMAC PARK TOWERS COMPANY LIMITED

Defendant


CASE MANAGEMENT ORDER OF H.E. JUSTICE SHAMLAN AL SAWALEHI


 

UPON reviewing the Court file

AND UPON reading the Case Management Bundle

AND UPON hearing counsel at the Case Management Conference held on 14 April 2014

IT IS HEREBY ORDERED BY CONSENT THAT:

Defendant’s Application on Preliminary Legal Issues:

1. Defendant to file and serve its Application on preliminary issues pursuant to RDC 4.16 and/or 24.11 on or before 4pm on Monday, 28 April 2014.
2. Claimant to file and serve its Response to the Application on or before 4pm on Wednesday, 28 May 2014.
3. Defendant to file and serve its Reply to the Response on or before 4pm on Wednesday, 11 June 2014.

In the event any or all claims survive Defendant’s Application on Preliminary Issues, then the following procedural deadlines shall apply:

Production of Documents

4. Standard production of documents to be made by each party within fourteen (14) days of a judgment on Defendant’s Application on Preliminary Issues or from Monday, 28 April 2014 (if the Defendant did not file an Application on preliminary issues). [RDC 2011 Rule 28.6]
5. Parties to file and serve any Request to Produce within thirty (30) days of a judgment on Defendant’s Application on Preliminary Issues 12-06-2014 or from Monday, 28 April 2014 (if the Defendant did not file an Application on preliminary issues). [RDC 28.13]
6. Objections to Requests to Produce (if any) shall be filed and served within [14] days thereafter. [RDC 28. 16]
7. Where objections to any Requests to Produce have been made, the Court will determine those objections and will make any disclosure order within the following [14] days. [RDC 28.20]
8. The parties shall comply with the terms of any disclosure order within [14] days thereafter. [RDC 28.22]
9. Where there are no objections to a particular Request contained in a Request to Produce, documents responsive to that request shall be produced within [14] days from the date of the Request to Produce. [RDC 28.15]

Witness Statements

10. Signed statements of witnesses of fact, and hearsay notices where required by [RDC 29.2 and 29.103 to 29.105 inclusive] to be exchanged 8 weeks following the close of the disclosure stage.
11. Any Witness Statement evidence in reply to be filed and served within 2 weeks thereafter.
12. Unless otherwise ordered, Witness Statements are to stand as evidence in chief of the witness at trial.

Trial Bundles

15. Agreed trial bundles to be completed in accordance with Part 35 of the RDC and lodged by not later than 2 weeks before trial [RDC 35.33].

Reading List

16. A single reading list approved by all parties’ legal representatives for trial to be lodged with the Registry not later than 2 days before fixed trial date, together with an estimate of time required for reading. [RDC 35.50].

Skeleton Argument, Opening Statements and Chronology

17. Skeleton Arguments and Written Opening Statements to be served on all other parties and lodged with the Court – two days before the start of trial for the Claimant and one day before the start of trial for the Defendant. [RDC 35.61]
18. Parties to prepare a Chronology of significant events cross-referenced to significant documents, pleadings and witness statements to be agreed, insofar as possible, and to be filed 1 week before trial. [RDC 35.63].

Trial

19. The trial of this matter is to take place not before 31 December 2014 with an estimated duration of 2-3 days.
20. Costs in the Case.
21. Liberty to apply.

Issued by:
Nassir Al Nasser
Judicial Officer
Date: 14 April 2014
At: 2pm

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