September 09, 2021 court of first instance - Orders
Claim No: CFI 027/2021
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
(1) FIVE HOLDING LIMITED
(2) FIVE HOTEL JUMEIRAH VILLAGE LLC
ORIENT UNB TAKAFUL PJSC
ORDER OF THE REGISTRAR NOUR HINEIDI
UPON the Claimants’ Application No. CFI-027-2021/3 dated 18 May 2021 seeking to lift the stay referred to in the Order of H.E Justice Omar Al Muhairi dated 14 April 2021 (the “Stay Application”)
AND UPON reviewing the Defendant’s submissions in response to the Stay Application filed on 1 June 2021
AND UPON reviewing the Claimants’ evidence in reply dated 8 June 2021
AND UPON the Stay Application being dismissed and the Defendant being awarded its costs of the Stay Application, to be assessed by a Registrar if not agreed, by way of Order of Justice Wayne Martin dated 4 August 2021
AND UPON the Defendant’s Notice of Commencement of Assessment of Bill of Costs dated 7 September 2021 seeking its costs on account in relation to the Stay Application pursuant to Part 40 of the Rules of the DIFC Court (the “Costs Assessment Notice”)
AND UPON the Defendant’s request sent to the Registry on 7 September 2021 for payment of 50% of the Defendant’s costs, as set out in the Bill of Costs, to be paid on account pursuant to Practice Direction No. 5 of 2014 DIFC Courts’ Costs Regime at paragraph 5 (the “Request”)
AND UPON considering Practice Direction No. 5 of 2014 DIFC Courts’ Costs Regime
AND UPON taking into account all other relevant documents sitting on the case file
IT IS HEREBY ORDERED THAT:
1. The Request is granted.
2. The Claimant is ordered to pay a total AED 74,934.17 (the “Amount Payable”) into Court by 22 September 2021. This amount represents 50% of the total amount claimed by the Defendant in the Bill of Costs.
3. The Claimant must contact the Court before 15 September 2021 to obtain details for the Courts’ Escrow Account for transfer of the Amount Payable.
Date of Issue: 9 September 2021
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