May 31, 2023 COURT OF FIRST INSTANCE - ORDERS
Claim No. CFI 051/2022
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF APPEAL
BETWEEN
ZAYA LIVING REAL ESTATE DEVELOPMENT L.L.C
Claimant
and
CHINA STATE CONSTRUCTION ENGINEERING CORPORATION (MIDDLE EAST) (L.L.C)
Defendant
FINAL COSTS CERTIFICATE OF THE REGISTRAR AYESHA BIN KALBAN
UPON the Defendant’s Application No. CFI-051-2022/2 dated 26 August 2022 seeking to contest the jurisdiction of the DIFC Courts (the “Jurisdiction Application”)
AND UPON the Order with Reasons of Justice Sir Jeremy Cooke dated 25 November 2022 granting the Jurisdiction Application (the “Order”)
AND UPON the Claimant’s Appeal Notice dated 13 December 2022 seeking permission to appeal the Order (the “PTA”)
AND UPON the Order of with Reasons of Justice Sir Jeremy Cooke dated 1 February 2023 and amended on 6 February 2023 refusing the PTA
AND UPON the Defendant’s two Notices of Commencement of Assessment of Bill of Costs dated 10 April 2023 (the “Bill of Costs”)
AND UPON the Claimant’s Points of Dispute to the Bill of Costs dated 1 May 2023 (the “Points of Dispute”)
AND UPON the Defendant’s Reply to the Points of Dispute dated 22 May 2023 (the “Reply to the Points of Dispute”)
AND PURSUANT TO Part 40 of the Rules of the DIFC Courts (the “RDC”)
IT IS HEREBY ORDERED THAT:
1. The Claimant shall pay the Defendant a total of USD 189,880.96 (the “Amount”) within 21 days from the date of this Costs Certificate, comprising:
(a) USD 175,714.01 in respect of the Defendant’s costs in the course of these proceedings including the costs assessment proceedings; and
(b) USD 14,166.95 in respect of the fee paid by the Defendant for commencement of the costs assessment proceedings.
2. In the event the Claimant fails to pay the Amount within 21 days from the date of this Costs Certificate, Post Judgment interest, pursuant to Practice Direction No. 4 of 2017 (Interest on Judgments), will accrue on the Amount at the rate of 9% per annum from the end of the 21-day period stated in paragraph 1 of this Costs Certificate until the date of full payment.
Issued by:
Delvin Sumo
Assistant Registrar
Date of issue: 31 May 2023
At: 10am