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CFI 014/2016 (1) Mr Rafed Abdel Mohsen Bader Al Khorafi (2) Mrs Amrah Ali Abdel Latif Al Hamad (3) Mrs Alia Mohamed Sulaiman Al Rifai vs (1) Bank Sarasin Alpen (ME) Limited (In Liquidation) (2) Bank J Safra Sarasin (Formerly Bank Sarasin & Co)

CFI 014/2016 (1) Mr Rafed Abdel Mohsen Bader Al Khorafi (2) Mrs Amrah Ali Abdel Latif Al Hamad (3) Mrs Alia Mohamed Sulaiman Al Rifai vs (1) Bank Sarasin Alpen (ME) Limited (In Liquidation) (2) Bank J Safra Sarasin (Formerly Bank Sarasin & Co)

August 9, 2018

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Claim No: CFI-014-2016

 THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE COURT OF FIRST INSTANCE

BETWEEN

(1) MR RAFED ABDEL MOHSEN BADER AL KHORAFI

(2) MRS AMRAH ALI ABDEL LATIF AL HAMAD

(3) MRS ALIA MOHAMED SULAIMAN AL RIFAI

 Claimants

 and

(1) BANK SARASIN ALPEN (ME) LIMITED (IN LIQUIDATION)

(2) BANK J SAFRA SARASIN (FORMERLY BANK SARASIN & CO)

 Defendants


ORDER WITH REASONS OF JUSTICE SIR DAVID STEEL


UPON the Second Defendant having applied for strike out and/or summary judgment by Application Notice dated 1 June 2017 and that Application having been disposed of by the Court’s Order dated 18 April 2018

AND UPON the Second Defendant having applied for permission to appeal and for a stay pending appeal by Application Notice dated 9 May 2018

AND UPON hearing counsel for the Claimants and the Second Defendant at a hearing on 3 July 2018

AND UPON reading further submissions from the parties as to directions

IT IS ORDERED THAT:

1. The Second Defendant’s Application for permission to appeal is granted.

2. The Second Defendant’s Application for a stay pending the appeal is refused.

3. As regards directions:

a. The Claimants shall, if so advised, file and serve a Reply and Defence to Counterclaim by 13 September 2018.

b. The Second Defendant shall, if so advised, file an application for a stay of the proceedings on grounds of forum non conveniens by 13 September 2018 failing which a CMC shall be fixed on the first available date after 27 September 2018.

c. If such an application for a stay of the proceedings on grounds of forum non conveniens is filed by the Second Defendant:

i. The Claimants shall file evidence in answer by 11 October 2018.

ii. The Second Defendant shall file any evidence in reply by 25 October 2018.

iii. The hearing of any such application shall be fixed on the first available date after 1 November 2018.

 

Issued by:

Ayesha Bin Kalban

Assistant Registrar

Date of Issue: 9 August 2018

At: 3pm

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