Claim No: CFI-013-2016 & ARB-002-2015
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BEFORE CHIEF JUSTICE MICHAEL HWANG
OGER DUBAI LLC
DAMAN REAL ESTATE CAPITAL PARTNERS LTD
ORDER OF CHIEF JUSTICE MICHAEL HWANG
UPON reviewing the Application filed on 9 May 2018 by the Applicant/Defendant, Daman Real Estate Capital Partners Limited, seeking rescission of various orders issued by the DIFC Courts in Claims No. ARB-002-2015 and CFI-013-2016 (the “Application”)
AND UPON reviewing the Second and Third Witness Statements of Charles Louis Omar Buderi, dated 9 May 2018 and 31 May 2018 respectively filed in support of the Application, and the Fifth Witness Statement of Heather Nevin dated 24 May 2018 filed in opposition
AND UPON hearing Counsel for the Applicant/Defendant and Counsel for the Respondent/Claimant at a hearing of the Application on 17 July 2018
AND UPON reviewing all relevant material in the case files, including the written submissions of the Parties.
IT IS HEREBY ORDERED THAT:
1. Save for the undertakings given by the Respondent / Claimant in ARB-002-2015 and CFI-013-2016 to compensate the Applicant / Defendant for such damage as the Court may consider appropriate, the following orders are discharged:-
a) The Freezing Order of Justice Sir David Steel, dated 30 December 2015 (made in ARB-002-2015);
b) The Order of Justice Sir David Steel, dated 30 December 2015, permitting the Respondent/Claimant to seek enforcement of the arbitral award (made in ARB-002-2015);
c) The Order of Justice Sir Richard Field, dated 16 June 2016, ordering the winding up of the Applicant/Defendant (made in CFI-013-2016); and
d) The Judgment and Order of Justice Sir Richard Field ordering the Applicant/Defendant’s Cessation of Trading (as amended, including the judgment of 28 July 2016) (made in CFI-013-2016).
2. The Applicant/Defendant is at liberty to file further proceedings seeking an inquiry as to what damage (if any) the Applicant/Defendant has suffered as a result of the various orders described in Order (1) above and whether the Respondent/Claimant is liable to compensate the Applicant/Defendant for such damage pursuant to the various undertakings as to compensation for possible damage given by the Respondent in ARB-002-2015 and CFI-013-2016 respectively.
3. The parties shall make written submissions on the costs of and incidental to the Application. The Applicant/Claimant shall submit its submissions within 14 days of the receipt of the Reasons for this Order (to be issued), and the Respondent/Defendant shall submit its responsive submissions within 14 days after service of the Claimant’s submissions.
4. Parties are at liberty to apply.
Ayesha Bin Kalban
Date: 17 October 2018
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