April 20, 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.
Claimant
and
FOLOOSI TECHNOLOGIES LTD.
Defendant
ORDER WITH REASONS OF H.E. JUSTICE SHAMLAN AL SAWALEHI
UPON the Defendant’s Application No. CFI-067-2025/1 dated 4 August 2025 seeking immediate judgment pursuant to Rule 24.1 of the Rules of the DIFC Courts (“RDC”) and/or strike out pursuant to RDC 4.16 (the “Application”)
AND UPON the Order with Reasons of H.E. Justice Shamlan Al Sawalehi dated 26 January 2026 dismissing the Application (the “January Order”)
AND UPON the Defendant’s Appeal Notice dated 16 February 2026 seeking permission to appeal the January Order (the “PTA Application”)
AND UPON the Order of H.E. Justice Shamlan Al Sawalehi dated 10 April 2026, dismissing the PTA Application and ordering the Defendant to pay the Claimant’s costs of the PTA Application (the “Order”)
AND UPON the Claimant’s Statement of Costs dated 15 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 80% of the Claimant’s costs of the PTA Application in the total sum of USD 23,670.17 (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:
Hayley Norton
Assistant Registrar
Date of issue: 20 April 2026
At: 3pm
SCHEDULE OF REASONS
1. This Order concerns the costs of the Defendant’s PTA Application.
2. Pursuant to paragraph 2 of the Order, the Defendant was directed to pay the Claimant’s costs of the PTA 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 15 April 2026, claiming a total sum of USD 29,587.71, comprising professional fees and disbursements, including Counsel’s fees.
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 the successful party in the PTA Application, I consider it appropriate, in the exercise of the Court’s discretion, to allow recovery of 80% of the total costs claimed, reflecting the nature of the PTA Application and the need to ensure proportionality.
6. The Defendant shall therefore pay the Claimant the sum of USD 23,670.17, as set out in the Order above.