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CFI 021/2016 Dricer Consult LLC v (1) Daman Real Estate Capital Partners Limited (2) Daman Investments Psc

CFI 021/2016 Dricer Consult LLC v (1) Daman Real Estate Capital Partners Limited (2) Daman Investments Psc

May 23, 2017

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Claim No: CFI 021/2016

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS 

IN THE COURT OF FIRST INSTANCE

BETWEEN

DRIVER CONSULT LLC

Claimant

and

(1) DAMAN REAL ESTATE CAPITAL PARTNERS LIMITED

(2) DAMAN INVESTMENTS PSC

Defendants


CASE MANAGEMENT DIRECTION OF JUSTICE SIR RICHARD FIELD RELATING TO THE CLAIMANT’S EX-PARTE APPLICATION


UPON reviewing the Claimant’s ex-parte Application no. CFI-021-2016/3 dated 18 July 2016 seeking a freezing order against the Defendants’ assets

IT IS HEREBY ORDERED THAT if the Claimant continues to intend to seek a freezing order against either or both Defendants, the application must be made inter partes on notice in accordance with the time table that will be ordered in a separate Case Management Direction of even date in respect of the inter partes applications made herein by the Defendants.

Issued by:

Natasha Bakirci

Assistant Registrar

Date of issue: 23 May 2017

At: 1pm

SCHEDULE OF REASONS

1.The First Defendant has applied for a stay of the Claimant’s Claim and the Second Defendant has applied for a declaration that the DIFC Courts lacks jurisdiction on the ground that the Dubai Courts have held that the Second Defendant was not a party to the agreement sued on by the Claimant. Given that the Court is going to have to determine these applications on an inter partes basis, and given the long period that has elapsed since the Claimant issued its ex parte freezing order application, the Court is of the view that it is just and appropriate that the extant applications of all parties should be determined on an inter partes basis.

2. Since the Claimant’s freezing order application was made ex parte, this Order will be served only on the Claimant in case the Claimant is not minded toproceed with its application. A separate Case Management Order of even date will be issued in respect of the Defendants’ applications which will allow for any application that the Claimant is minded to make against the Defendants.

 

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