December 23, 2021 Court of Appeal - Orders
Claim No: CA 006/2020
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
AL RIHAB REAL ESTATE COMPANY LLC
EMIRATES NBD BANK PJSC
ORDER OF THE REGISTRAR NOUR HINEIDI
UPON reviewing the Defendant’s Application no. CA-006-2020/5 dated 7 July 2021 (the “Application”)
AND UPON the Court of Appeal order dated 2 November 2021
AND UPON reviewing the Defendant’s further cost submissions dated 24 November 2021 (“Cost Submissions”)
AND UPON reviewing the relevant documents on the Court file in both CA-006-2020 and CFI-037-2020
IT IS HEREBY ORDERED THAT:
1. The Application is dismissed.
2. The Court of Appeal has already ruled on the costs of the Security Application. This was addressed in the Court of Appeal's order of 1 November 2021. On this basis, no further order will be made.
3. The Court of Appeal has already ruled on the question of the Respondent's costs of the appeal and on costs for reference to the Union Supreme Court. This was addressed in the Court of Appeal's judgment of 5 April 2021. Pursuant to RDC r.38.20, given that the Court of Appeal has made an order on costs without indicating the basis on which costs are to be assessed, it then follows that this head of costs will be assessed on the standard basis.
4. The Court will make an order for 50% of costs to be paid on account as soon as the Court receives a draft bill of costs (“Draft Bill”) supported by a short affidavit verifying the truthfulness and reasonable accuracy of the information contained in the Draft Bill. The Draft Bill may be brief but should set out the total quantum of costs claimed in the Court of Appeal proceedings. A separate draft bill of costs should be filed in the Court of First Instance Proceedings (CFI-037-2020), in the event the Respondent to the appeal (being the Claimant at first instance) wishes to also recover its costs of the first instance proceedings. There is no requirement to file an application for payment of costs on account. An email request to the Registrar will suffice.
5. In my view, it is not correct to make an order for payment of costs on account on the basis of looking only at the various statements of costs (“Statements”) filed under CA-006-2020. These are my reasons:
(a) the information on accrued costs, as contained in the Statements, are vague;
(b) the Court of Appeal has already ruled that costs are to be assessed by the Registrar, if not agreed. It necessarily follows that a Notice of Commencement of Assessment must be filed with the Court at some stage, annexing a Bill of Costs. Given that the Defendant is compelled to run through the exercise of a detailed assessment, it is my view that the submission of a Draft Bill, would be a sensible exercise; and
(c) the Court will not keep the Defendant out of its money unnecessarily. For this reason, the Court will issue an order for payment of 50% of costs on account within 7 days of receiving the Draft Bill (which must be supported by a short affidavit verifying the truthfulness and reasonable accuracy of the information contained in the Draft Bill).
6. Costs of the Application are reserved.
Amna Al Owais
Date of Issue: 23 December 2021
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