June 06, 2021 court of first instance - Orders
Claim No. CFI 029/2019
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
S.W.I.F.T. (DUBAI) LIMITED
UPON considering the Order of H.E Justice Omar Al Muhairi issued on 27 August 2020 pursuant to which the Defendant was ordered to pay 50% of the Claimant’s costs relating to the trial of the preliminary issues (the “Costs Order”).
AND UPON the Claimant’s application for detailed costs assessment and bill of costs (“P40 Application”) in relation to the Costs Order and listed for a detailed costs assessment hearing on 7 June 2021 (“Hearing”).
AND UPON the Order of Registrar Nour Hineidi issued on 10 December 2020 pursuant to which the Defendant made a payment on account of costs to the Claimant in the sum of AED 49,000 (“First Payment on Account”).
AND UPON the Order of Registrar Nour Hineidi issued on 26 April 2020 pursuant to which the Defendant made a further payment on account of costs to the Claimant in the sum of AED 62,824.11 (“Second Payment on Account”).
AND UPON the Claimant’s agreement that the Defendant’s costs in the sum of AED 36,813.00 (“Defendant’s Costs”) in respect of the Claimant’s application to set aside the trial on preliminary issues, shall be set off from the costs payable by the Defendant.
IT IS HEREBY ORDERED BY CONSENT THAT:
1. After taking into account:
(a) the First Payment on Account;
(b) the Second Payment on Account; and
(c) the set-off in respect of the Defendant’s Costs
The Defendant shall pay to the Claimant, in respect of the Claimant’s P40 Application, the sum of AED 118,303.42, such sum to be inclusive of interest, court fees, and the Claimant’s costs of the P40 Application
2. The Claimant hereby withdraws the Points of Appeal in Respect of Costs Decision application dated 27 August 2020 (date of filing 17 September 2020).
3. The Defendant do pay the agreed sum referred to in paragraph 1 above within 14 days of the date of this Order.
Ayesha Bin Kalban
Date of issue: 6 June 2021
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