Claim No. ARB 043/2025

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE COURT OF FIRST INSTANCE

BETWEEN

ORATIO

Claimant

and

ORANGIA

Defendant

ORDER WITH REASONS OF H.E. JUSTICE SHAMLAN AL SAWALEHI

AND UPON the Claimant’s Application No. ARB-043-2025/1 dated 30 December 2025 seeking permission pursuant to Rules 31.12–31.14 of the Rules of the DIFC Courts (“RDC”) to rely on expert evidence on matters of UAE public policy (the “Application”)

AND UPON the Order with Reasons of H.E. Justice Shamlan Al Sawalehi dated 6 February 2026 by which the Application was dismissed and the Applicant was ordered to pay the Respondent’s costs of the Application (the “Order”)

AND UPON the Respondent’s Statement of Costs dated 6 January 2026

AND UPON considering RDC Part 38 and Practice Direction No. 4 of 2017 (Interest on Judgments)

IT IS HEREBY ORDERED THAT:

1. The Claimant shall pay the Defendant 60% of the Defendant’s costs of the Application in the total sum of AED 30,870 (the “Costs Award”).

2. The Claimant shall pay the Costs Award within 14 days of the date of this Order, pursuant to RDC 38.40.

3. In the event that the Claimant fails to pay the Costs Award within 14 days of the date of this Order, interest shall accrue at the rate of 9% per annum from the date of this Order until payment in full, in accordance with Practice Direction No. 4 of 2017.

Issued by:
Delvin Sumo
Assistant Registrar
Date of Issue: 4 March 2026
At: 12pm

SCHEDULE OF REASONS

1. This Order concerns the assessment of the Defendant’s costs following the dismissal of the Claimant’s Application for permission to rely on expert evidence.

2. By paragraph 2 of the Order dated 6 February 2026, the Claimant was directed to pay the Respondent’s costs of the Application.

3. The Respondent filed a Statement of Costs dated 6 January 2026 claiming AED 51,450 in respect of work undertaken without a hearing.

4. In assessing costs on the standard basis, the Court has had regard to RDC 38.7, 38.21 and 38.23. The Court must determine whether the costs claimed were reasonably and proportionately incurred and whether they are reasonable and proportionate in amount.

5. The Application was a procedural application determined without a hearing. While the Defendant was the successful party and was entitled to respond to the Application, the matter was not factually or legally complex. The Court considers that, for a short procedural application dealt with on the papers, this sum is excessive when viewed through the lens of proportionality.

6. The Court considers it appropriate to apply a reduction to reflect the nature of the application, the absence of a hearing, and the need to ensure proportionality.

7. In the exercise of its discretion, the Court awards 60% of the total claimed costs. The Claimant shall therefore pay the Defendant the sum of AED 30,870, together with interest as provided in the Order above.