June 24, 2026 court of first instance - Orders
Claim No: CFI 067/2025
IN THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
COINMENA B.S.C. (C)
Claimant
and
FOLOOSI TECHNOLOGIES LTD
Defendant
ORDER WITH REASONS OF H.E. JUSTICE SHAMLAN AL SAWALEHI
UPON the Order with Reasons of H.E. Justice Shamlan Al Sawalehi dated 21 May 2026, by which the Defendant was ordered to pay the Claimant’s costs of the Stay Application dated 20 February 2026 (the "Order")
AND UPON the Claimant’s Statement of Costs dated 26 May 2026
AND UPON considering Part 38 of the Rules of the DIFC Courts ("RDC") and Practice Direction No. 4 of 2017 Interest on Judgment
IT IS HEREBY ORDERED THAT:
1. The Defendant shall pay the Claimant 60% of its costs of the Stay Application in the total sum of USD 12,880.89 (the "Costs Award").
2. The Defendant shall pay the Costs Award within 14 days of the date of this Amended 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: 24 June 2026
At: 9am
SCHEDULE OF REASONS
1. This Order concerns the costs of the Stay Application.
2. Pursuant to paragraph 2 of the Order, the Defendant was directed to pay the Claimant’s costs of the Stay Application, with a Statement of Costs to be filed within five working days from the date of issue of the Order.
3. The Claimant filed a Statement of Costs dated 26 May 2026, claiming a total sum of USD 21,468.15.
4. The Claimant’s legal representatives, who were comprised of a team of two Associates, one Senior Associate, one Legal Director and one Partner, were retained at a rate ranging from USD 450 to USD 1,129.50 depending on seniority. In total, the Associates recorded 14 hours and 18 minutes of work, the Senior Associate recorded 3 hours 48 minutes, the Legal Director 9 hours, and the Partner 5 hours 42 minutes. No disbursements or expenses were sought.
5. 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.
6. While the Claimant was the successful party in resisting the Permission to Appeal Application, the Court considers it appropriate, in the exercise of its discretion, to allow recovery of 60% of the total costs claimed.
7. This reflects:
(a) the need to ensure proportionality in light of the nature and scope of the proceedings;
(b) the fact that the Permission to Appeal Application was determined on the papers without an oral hearing; and
(c) the requirement that only costs reasonably incurred be recoverable on the standard basis.
8. The Defendant shall therefore pay the Claimant the sum of USD 12,880.89, as set out in the Order above.
