DIFC Courts

CFI 039/2012 - Production Order of HE Justice Ali Al Madhani

July 16, 2013 court of first instance - Orders,Orders

Claim No: CFI 039/2012

THE DUBAI INTERNATIONAL FINANCIAL CENTER COURTS IN THE COURT OF FIRST INSTANCE

Between

(1) NIGEL ASHTON PATRICK PASEA

(2) DISNA SHIVANTHI CHANDANEE RENAWEERA

Claimants
andDAMAN REAL ESTATE CAPITAL PARTNERS LIMITEDDefendant

ORDER OF H.E. JUSTICE ALI AL MADHANIUPON reviewing the Claimant's Request to Produce dated 4 June 2013

AND UPON reviewing the Defendant's Objections and Responses to the Claimant's Request to Produce dated 25 June 2013

AND UPON reviewing the Claimant's Responses to the Defendant's Requests for the Production of Documents dated 25 June 2013

AND UPON considering the agreed List of Issues and Case Memorandum

AND UPON reviewing the relevant documents in the case file

AND PURSUANT to Part 28 of the RDC

IT IS HEREBY ORDERED THAT:

1. The Defendant's Objection to the Claimant's Request to Produce 1 is upheld. The Claimant must apply for an Order to obtain the expert reports in CFI-025-2012 from the expert, a person not a party to the proceedings.

 

2. The Defendant's Objections and Responses to the Claimant's Requests to Produce 2-6 and 8-9 are upheld.

 

3. The Claimant's Request to Produce 7 is granted and the Defendant shall produce all relevant documents in the Defendant's possession, custody or control in response to this request save that the Defendant be permitted to redact any Contract(s) or Document(s) containing commercially or legally sensitive information.

 

4. Costs in the case.

 

5. Liberty to apply.

Issued by:

Amna Al Owais

Deputy Registrar

Date of issue: 16 July 2013

At: 2pm