Claim No: CA 013/2016
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF APPEAL
VEGIE BAR LLC
EMIRATES NATIONAL BANK OF DUBAI PROPERTIES PJSC
First Non-Party Respondent
THE DIFC REGISTRAR OF REAL PROPERTY
Second Non-Party Respondent
ORDER OF THE COURT OF APPEAL
UPON reviewing the Appellant’s Application Notice CA-013-2016/1 dated 6 February 2017 (the “Application”) seeking a witness summons for Bouchra Oudrhiri of Union Properties PJSC to attend the Appeal Hearing on 6 March 2017 and produce documents
AND UPON hearing Counsel for the Appellant and Counsel for the Respondent at the Appeal Hearing on 6 March 2017
IT IS HEREBY ORDERED THAT:
1.The Application be granted in respect of the following documents:
a. The Excel Spreadsheet attached to the letter dated 18 December 2011 from Union Properties PJSC to the Respondent offering to sell units in Limestone House and Index Tower;
b.The Master Sales Agreement for the sale of the units in Limestone House and Index Tower from Union Properties PJSC to the Respondent;
2. The Appeal heard on 6 March 2017 in relation to Non-Party Document Production be allowed.
3. Pursuant to Rule 28.52 of the Rules of the DIFC Courts (“RDC”), the DIFC Registrar of Companies (the “First Non-Party Respondent”) shall provide to the Appellant and the Respondent the following documents within 14 days of the date of this Order:
a. The entire file relating to Vegie Bar LLC Registration No 0907
b. The correspondence file relating to Vegie Bar LLC
c. The file relating to the issue of the Trade License in March 2012
4. Pursuant to RDC 28.52, the DIFC Registrar of Real Property (the “Second Non-Party Respondent”) shall provide to the Appellant and the Respondent the following documents within 14 days of the date of this Order:
a.The file or that part of the folio relating to Units 17a and 17b in Limestone House, DIFC
b. The correspondence file relating to Units LP5 and LP6 or 17a and 17b in Limestone House, DIFC
c. Any Strata Plan lodges for Limestone House in DIFC which affects the aforementioned units.
5. The Non-Party Respondents shall list any documents in respect of which they claim confidentiality, such description to set out the date, author, intended recipient, purpose, description sufficient to identify the document and the basis of the claim for confidentiality.
6. The Non-Party Respondents must specify, in accordance with Part 28 of the RDC, any of the documents which the Court has ordered to be produced:
a. which are no longer in their control; or
b. in respect of which they claim a right or duty to withhold production; and
c. what has happened to any documents which are no longer in their possession.
7. The Order of H.E. Justice Omar Al Muhairi dated 3 January 2017 in CFI-009-2016 staying the proceedings be varied as per paragraph 7 of this Order.
8. The Respondent shall provide a verified list, pursuant to Part 28 of the RDC, of the following documents within 14 days of the date of this Order:
a. All communications between its staff and the Appellant, or the DIFC Registrar of Companies, concerning the renewal of the Trade Licence of Vegie Bar LLC, DIFC Co No 0907 which expired on 15 March 2012; and
b. All communications between its staff and the Appellant, or the DIFC Registrar of Real Property, concerning the Registration of the Lease attempted or effected by the Appellant on 28 May 2012 [AB 2/22/213].
9. The Appeal heard on 6 March 2017 in relation to Security for Costs be adjourned and each party be granted leave to apply for further directions.
10. Costs of the Appeal be reserved.
Date of issue: 23 March 2017