July 27, 2022 COURT OF FIRST INSTANCE - ORDERS
Claim No. CFI 070/2020
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
(1) AL KHAIR CAPITAL DUBAI
(2) AL KHAIR CAPITAL SAUDI ARABIA
(3) KHALID AL MULHIM
UPON the Amended Order with Reasons of the Registrar dated 2 March 2022 reissued on 22 March 2022 striking out the proceedings and dismissing the claim (the “Judgment and Order” or the “Order”)
AND UPON the order contained in paragraph 3 of the Order that the Claimant pay the Defendants’ costs of the Strike Out Application to be immediately assessed and the Order of the Registrar dated 1 April 2022 assessing those costs in the amount of AED 60,000 (the “Adverse Costs Orders”)
AND UPON the order contained in paragraph 5 of the Order that the parties have liberty to apply to seek costs orders in respect of unresolved costs in the case falling outside the scope of the Strike Out Application
AND UPON the filing by the Claimant of Application No. CFI-070-2020/3 seeking (i) an extension of time within which to appeal against the Judgment and Order; and (ii) an absolute stay of the Adverse Costs Order, which was later partially withdrawn.
AND UPON the Claimant’s Application No. CFI-070-2020/4 seeking to set aside the Judgment and Order having been dismissed in its entirety by order of the Registrar dated 7 July 2022.
AND UPON the Claimant and the Respondent having agreed that the Adverse Costs Orders shall be stayed absolutely, that no party shall seek further costs against any other party pursuant to paragraph 5 of the Order, and that Application CFI-070-2020/3 be withdrawn with no order as to costs
IT IS HEREBY ORDERED BY CONSENT THAT:
1. The costs order contained in paragraph 3 of the Order of the Registrar dated 2 March 2022 reissued on 22 March 2022 is hereby stayed absolutely.
2. Application No. CFI-070-2020/3 stands withdrawn and is hereby dismissed with no order as to costs.
3. With reference to paragraph 5 of the Order of the Registrar dated 2 March 2022 reissued on 22 March 2022, there shall be no further order as to costs.
Date of Issue: 27 July 2022
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