September 18, 2023 COURT OF FIRST INSTANCE - ORDERS
Claim No. CFI 060/2023
IN THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
AES MIDDLE EAST INSURANCE BROKER LLC
Claimant/Applicant
and
GSB CAPITAL LTD
Defendant/Respondent
ORDER OF JUSTICE SIR JEREMY COOKE
PENAL NOTICE
IF YOU, GSB CAPITAL LTD, DISOBEY THIS ORDER YOU AND YOUR DIRECTORS MAY BE HELD TO BE IN CONTEMPT OF COURT AND YOU MAY BE FINED AND HAVE YOUR ASSETS SEIZED AND THEY MAY BE IMPRISONED, FINED OR HAVE THEIR ASSETS SEIZED.
ANY OTHER PERSON WHO KNOWS OF THIS ORDER AND DOES ANYTHING WHICH HELPS OR PERMITS THE RESPONDENT TO BREACH THE TERMS OF THIS ORDER MAY ALSO BE HELD TO BE IN CONTEMPT OF COURT AND MAY BE IMPRISONED, FINED OR HAVE THEIR ASSETS SEIZED.
UPON the Claimant’s ex parte Urgent Application No. CFI-060-2023/1 dated 28 August 2023 for an interim injunction
AND UPON the ex parte hearing before Justice Sir Jeremy Cooke on 30 August 2023
AND UPON the Court considering the Applicant’s witness statements listed in Schedule B of the Order of Justice Sir Jeremy Cooke dated 30 August 2023 (the “30 August 2023 Order”)
AND UPON the Court accepting the Applicant’s undertakings in Schedule A of the 30 August 2023 Order
AND UPON the inter partes return hearing held before me on 14 September 2023
IT IS HEREBY ORDERED THAT:
1. Until further order of the Court, the Respondent shall not directly or indirectly access, pass on, make use of, derive new materials from or otherwise deploy any confidential information of the Applicant as set out in Schedule C of the 30 August 2023 Order (the “Confidential Information”), which the Respondent acquired from any or all of the former employees of the Applicant as listed in Schedule C of the 30 August 2023 Order, save insofar as the Respondent is required by law to disclose the same or for the purposes of taking legal advice.
PRESERVATION ORDER
2. Until further order of the Court, the Respondent shall not delete, destroy, interfere or tamper with, copy, transfer or part with possession or control (otherwise than in compliance with the 30 August 2023 Order) of any document or record including metadata contained in an electronic format containing the Confidential Information set out in Schedule C of the 30 August 2023 Order.
COSTS
3. The costs of this Order shall be reserved to Justice Sir Jeremy Cooke until further Order of the Court.
VARIATION OR DISCHARGE OF THIS ORDER
4. Anyone served with or notified of this Order may apply to the Court at any time to vary or discharge this Order (or so much of it as affects that person) further to RDC 23.93 and 23.94, but they must first inform the Applicant’s legal representatives with not less 3 of 5 than 3 business days’ notice. If any evidence is to be relied upon in support of the application, the substance of it must be communicated in writing to the Applicant’s legal representatives in advance.
5. The Respondent may carry out acts otherwise prohibited by this Order, subject to the prior written consent of the Applicant’s legal representatives, such consent not to be unreasonably withheld or delayed.
INTERPRETATION OF THIS ORDER
6. A Respondent which is not an individual which is ordered not to do something must not do it itself or by its directors, officers, partners, employees, affiliates, or agents or in any other way.
PARTIES OTHER THAN THE APPLICANT AND RESPONDENT
Effect of this order
7. It is a contempt of court for any person notified of this Order to knowingly assist in or permit a breach of this Order. Any person doing so may be imprisoned, fined or have their assets seized.
Issued by:
Delvin Sumo
Assistant Registrar
Date of issue: 18 September 2023
At: 9am
SCHEDULE A
UNDERTAKINGS GIVEN TO THE COURT BY THE APPLICANT
1. If the Court later finds that this Order has caused loss to the Respondent, and decides that the Respondent should be compensated for that loss, the Applicant will comply with any order the Court may make.
2. If this Order ceases to have effect, the Applicant will immediately take all reasonable steps to inform in writing anyone to whom he has given notice of this Order, or who he has reasonable grounds for supposing may act upon this Order, that it has ceased to have effect.
3. The Applicant will not without the permission of the Court use any information obtained as a result of this Order for the purpose of any civil or criminal proceedings, other than this claim, the Dubai Courts civil and criminal claims which relate to this claim and are referenced in the Applicant’s evidence submitted with this Application, or any claim to enforce any judgment in those claims.
4. The Applicant will not without the permission of the Court seek to enforce this Order in any jurisdiction outside the DIFC.