Skip to Content

CFI 013/2016 Oger Dubai LLC v Daman Real Estate Capital Partners Ltd

CFI 013/2016 Oger Dubai LLC v Daman Real Estate Capital Partners Ltd

October 17, 2018


Claim No:  CFI-013-2016 & ARB-002-2015











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.


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.


Issued by:

Ayesha Bin Kalban

Assistant Registrar

Date: 17 October 2018

At: 11am


Privacy Policy

The Dubai International Financial Centre and all its affiliates are committed to preserve the confidentiality, integrity and availability of client data and personal information.

Dubai International Financial Centre and all its affiliates employees, vendors, contract workers, shall follow Information Security Management System in all the processes and technology.

  1. DIFC Courts's Top Management is committed to secure information of all our interested parties.
  2. Information security controls the policies, processes, and measures that are implemented by DIFC Courts in order to mitigate risks to an acceptable level, and to maximize opportunities in order to achieve its information security objectives.
  3. DIFC Courts and all its affiliates shall adopt a systematic approach to risk assessment and risk treatment.
  4. DIFC Courts is committed to provide information security awareness among team members and evaluate the competency of all its employees.
  5. DIFC Courts and all its affiliates shall protect personal information held by them in all its form.
  6. DIFC Courts and all its affiliates shall comply with all regulatory, legal and contractual requirements.
  7. DIFC Courts and all its affiliates shall provide a comprehensive Business Continuity Plan encompassing the locations within the scope of the ISMS.
  8. Information shall be made available to authorised persons as and when required.
  9. DIFC Courts’s Top Management is committed towards continual improvement in information security in all our processes through regular review of our information security management system.


The content of the DIFC Courts website is provided for information purposes only and should be disregarded when making decisions on inheritance and any other matters. Whilst every reasonable effort is made to make the information and commentary accurate and up to date, the DIFC Courts makes no warranties or representations to you as to the accuracy, authenticity or completeness of the content on this website, which is subject to change at any time without notice. The information and commentary does not, and is not intended to, constitute legal advice by the DIFC Courts or any person employed or connected with it or formerly so employed or connected, to any person on any matter, be it in relation to inheritance, succession planning or otherwise. You are strongly advised to obtain specific, personal advice from a suitably qualified lawyer in relation to your personal circumstances and your objectives. The DIFC Courts does not assume any liability and shall not be liable to you for any damages, including but not limited to, direct or indirect, special, incidental or consequential damages, losses or expenses arising in connection with this website, its administration and any content or lack thereof found on it. The information on this web site is not to be displayed except in full screen format. Although care has been taken to provide links to suitable material from this site, no guarantee can be given about the suitability, completeness or accuracy of any of the material that this site may be linked to or other material on the internet. The DIFC Courts cannot accept any responsibility for the content of material that may be encountered therein.