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CFI 020/2014 GFH Capital Limited v David Lawrence Haigh

CFI 020/2014 GFH Capital Limited v David Lawrence Haigh

January 11, 2018

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Claim No: CFI-020-2014

 

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE COURT OF FIRST INSTANCE

BETWEEN

 

GFH CAPITAL LIMITED

Claimant

and

DAVID LAWRENCE HAIGH

Defendant


ORDER OF JUSTICE SIR JEREMY COOKE


UPON the Defendant’s application by way of email dated 19 November 2017 to strike out the claim as an abuse of process

AND UPON the hearing of the deemed application by the Defendant for permission to amend his statement of case

AND UPON the hearing of the deemed application by the Defendant for permission to add parties pursuant to Part 21 RDC

AND UPON considering an apparent application by the Defendant for a stay of proceedings

AND UPON reviewing the application of the Defendant dated 12 December 2017 for an adjournment of the hearing fixed for 13 and 14 December 2017

AND UPON the Defendant not attending the hearing or being represented

AND UPON hearing Counsel for the Claimant and the First and Second Proposed Part 21 Defendants

AND UPON reviewing all documents recorded on the Court file

IT IS HEREBY ORDERED THAT:

1.The application for an adjournment dated 12 December 2017 is refused.

2. Insofar as permission to appeal the Orders of Justice Sir Jeremy Cooke of 5 October 2017 and 17 October 2017 has not previously been considered and refused, such permission is refused.

3. The Court directs that no action is to be taken with regard to any further applications made by the Defendant unless an appropriate application notice is filed and the appropriate fees are paid, or a waiver of fees is granted upon the filing by the Defendant of proper evidence of a lack of ability to pay such fees.

4. The challenge to the jurisdiction of this Court by the Defendant, whether by email of 19 November 2017 or otherwise is refused. Any future applications seeking to challenge the jurisdiction of the Court to hear this case are liable to be struck out summarily.

5. The application for a stay of proceedings, insofar as one is made, whether by email of 24 October or otherwise, is refused.

6. The application to strike out the claim as an abuse of process, whether by email of 19 November 2017 or otherwise, is refused.

7. The Defendant has permission to amend his statement of case in accordance with the following paragraphs of the draft Amended Defence and Counterclaim dated 28 September 2017:

(i) Paragraphs 1-17G inclusive.

(ii) Paragraphs 19-70 inclusive, save that in draft paragraph 68(a) permission is refused to include the words “The signed version of the contract will be disclosed in the revised amended Defence when the Defendant has sufficient time” and in paragraph 68(e) permission is refused to include the words “The signed version of the letter of assignment will be disclosed in the revised amended Defence when the Defendant has sufficient time.”

(iii) Paragraphs 73 and 74.

(iv) Paragraphs 79-86 inclusive.

Save as aforesaid the application by the Defendant to amend his statement of case is refused.

8.The application dated 5 October 2017 to add Hisham Al Rayes, Jinesh Patel, the Federal Government of the United Arab Emirates and the DIFC Authority as a Part 21 Defendant is refused.

9. The costs of the CMC on 20 November 2017 shall be costs in the case.

10. The Defendant shall pay the costs of and occasioned by the hearing on 13 and 14 December 2017 to the Claimant on the standard basis, to be assessed if not agreed.

11. There be no separate order as to costs as between the Defendant, Mr Al Rayes and Mr Patel.

 

Issued by:

Amna Al Owais

Assistant Registrar

Date of Issue: 11 January 2018

At: 3pm

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