May 06, 2026 court of first instance - Orders
Claim No. CFI 031/2025
IN THE COURTS OF DUBAI INTERNATIONAL FINANCIAL CENTRE
IN THE COURT OF FIRST INSTANCE
BETWEEN
SALEHIYA TRADING COMPANY
Claimant
and
OLYMPUS EUROPA SE & CO. KG
Defendant
ORDER WITH REASONS OF H.E. JUSTICE SHAMLAN AL SAWALEHI
UPON the Defendant’s Application No. CFI-031-2025/2 dated 25 February 2026 (the “Defendant’s DPO Application”) and the Claimant’s Application No. CFI-031-2025/3 dated 25 February 2026 (the “Claimant’s DPO Application”)
AND UPON the Order of H.E. Justice Shamlan Al Sawalehi dated 16 April 2026, by which the Defendant was ordered to pay the Claimant’s costs of the Claimant’s DPO Application (the “Order”)
AND UPON the Claimant’s Statement of Costs dated 23 April 2026
AND UPON considering Part 38 of the Rules of the DIFC Courts (“RDC”) and Practice Direction No. 4 of 2017 Interest on Judgments
IT IS HEREBY ORDERED THAT:
1. The Defendant shall pay the Claimant 60% of the Claimant’s costs of the Claimant’s DPO Application in the total sum of USD 55,780.31 (the “Costs Award”).
2. The Defendant 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 Defendant 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: 6 May 2026
At: 8am
SCHEDULE OF REASONS
1. This Order concerns the costs arising from the Claimant’s DPO Application and the Defendant’s DPO Application.
2. Pursuant to paragraph 3 of the Order of H.E. Justice Shamlan Al Sawalehi dated 16 April 2026, the Defendant was directed to pay the Claimant’s costs of the Claimant’s DPO Application on the standard basis, with a Statement of Costs to be filed within five working days.
3. The Claimant filed a Statement of Costs dated 23 April 2026, claiming a total sum of USD 92,967.18, comprising costs incurred in relation to both the Defendant’s DPO Application and the Claimant’s DPO Application.
4. In assessing those costs, the Court has had regard to RDC 38.7, 38.8 and 38.23, and to the requirement that costs allowed on the standard basis be both reasonable and proportionate.
5. While the Claimant was successful overall in the Applications, in the exercise of its discretion on summary assessment, the Court considers it appropriate to apply a reduction to the total of the costs claimed to reflect fairness and proportionality.
6. Accordingly, the Court allows recovery of 60% of the total sum claimed.
7. The Defendant shall therefore pay the Claimant the sum of USD 55,780.31, as set out in the Order above.