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CFI 030/2014 Firstrand Property Holding (Middle East) Limited v Damac Park Towers Company Limited

CFI 030/2014 Firstrand Property Holding (Middle East) Limited v Damac Park Towers Company Limited

January 22, 2015

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Claim No. CFI-030-2014

                                      

          THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

 

IN THE COURT OF FIRST INSTANCE

BEFORE H.E. JUSTICE SHAMLAN AL SAWALEHI

 

BETWEEN

FIRSTRAND PROPERTY HOLDING (MIDDLE EAST) LIMITED

Claimant

and

DAMAC PARK TOWERS COMPANY LIMITED 

                                                                                                  Defendant


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


UPON reviewing the Court file

AND UPONreading the Case Management Bundle

AND UPON hearing Counsel at the Case Management Conference held on 19 January 2015

IT IS HEREBY ORDERED BY CONSENT THAT:

List of Issues

1. Adjacent to each paragraph of each witness statement, reply witness statement (if any) and skeleton argument, shall be inserted the issue or issues to which that paragraph relates as numbered in the agreed List of Issues. This is to enable the Courts to understand to which of the agreed issues that paragraph relates.

Application for Immediate Judgment

2. Evidence in answer to be filed and served by the Claimant on or before 10 February 2015. [RDC 2014 Rule 23.46(2)]

3. Evidence in reply (if any) to be filed and served on or before 24 February 2015. [RDC 2014 Rule 23.46(3)]

4. Application Bundle to be received by the Registry on 25 February 2015. [RDC 2014 23.64(1)(a)]

5. Skeleton Arguments to be exchanged and filed on 26 February 2015 [RDC 2014 23.64(1)(b)]

Production of Documents

6. Standard production of documents to be made by each party on or before 26 March 2015. [RDC 2014 Rule 28.15]

7. Parties to file and serve any Request to Produce[1] on or before 2 April 2015. [RDC 2014 Rule 28.16]

8. Objections to Requests to Produce (if any) shall be filed and served within 7 days thereafter and in any event not later than 9 April 2015. [RDC 2014 Rule 28.26]

9. Where objections to any Requests to Produce[2] have been made, the Court will determine those objections and will make any disclosure order within the following 7 days and in any event not later than 16 April 2015. [RDC 2014 Rule 28.28]

10. The parties shall comply with the terms of any disclosure order within 7 days thereafter and in any event not later than 23 April 2015. [RDC 2014 Rule 28.39]

11. Where there are no objections to a particular Request contained in a Request to Produce, documents responsive to that request shall be produced within 21 days from the date of the Request to Produce, and in any event not later than 23 April 2015. [RDC 2014 Rule 28.20]

Witness Statements

12. Signed statements of witnesses of fact, and hearsay notices where required by [RDC 2014 Rule 29.2 and 29.102 to 29.105 inclusive] to be exchanged 3 weeks following the close of the disclosure stage, and in any event not later than 14 May 2015.

13. Any Witness Statement evidence in reply to be filed and served within 2 weeks thereafter and in any event not later than 28 May 2015.

14. Unless otherwise ordered, Witness Statements are to stand as evidence in chief of the witness at trial. 

Expert Reports

15. Expert Reports to be exchanged by 28 May 2015 [RDC 2014 Rules 31.13 and 31.20].

16. Supplemental Expert Reports to be filed and served by 11 June 2015.

17. The DIFC Courts will at the pre-trial review consider what directions to give concerning a meeting and discussion between experts [pursuant to RDC 2014 31.58].

Progress Monitoring Date

18. Fixed for 16 June 2015[RDC 2014 Rule 26.56].

19. Parties to send the Registrar (with copy to all other parties) a Progress Monitoring Information Sheet (at least 3 clear days before progress monitoring date). [RDC 2014 Rules 26.57 and 26.58].

Pre-Trial Review

20. A pre-trial review is to be listed not less than 7 days after the close of exchange of evidence [RDC 2014 26.72 to 26.75 – PTR normally takes place between 8 and 4 weeks before trial date].

Trial Bundles

21. Agreed trial bundles to be completed in accordance with Part 35 of the RDC 2014 and lodged by not later than 21 days before the date fixed for trial [RDC 2014 Rule 35.33].

Reading List

22. A single reading list approved by all parties’ legal representatives for trial to be lodged with the Registry not later than 1pm, 2 clear days before fixed trial date, together with an estimate of time required for reading. [RDC 2014 Rule 35.51].

Skeleton Argument, Opening Statements and Chronology

23. 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 2014 35.61]

24. 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 2014 35.64].

Trial

25. The trial of this matter is to take place not before 28 June 2015 with an estimated duration of  3 days.

26. Costs in the Case.

27. Liberty to apply.

 

Issued by:

Maha AlMehairi

Judicial Officer

Date of issue: 22 January 2015

At: 9am

 

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