September 25, 2025 court of first instance - Orders
Claim No: CFI 071/2025
IN THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
AGRO RESOURCE TARIM GIDA IC VE DIS TICARET A.S.
Claimant
and
PROMISING INTERNATIONAL TRADING CO. DMCC
Defendant
ORDER WITH REASONS OF H.E. JUSTICE NASSIR AL NASSER
UPON the Order of H.E. Justice Nassir Al Nasser dated 18 September 2025 rejecting the Defendant’s Application No. CFI-071-2025/1 dated 19 August 2025 (the “Order”)
AND UPON the Claimant filing its Statement of Costs on 18 September 2025 in the total sum of AED 24,800 (the “Claimed Amount”)
AND UPON reviewing the Statement of Costs and all other relevant documents
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 the amount of AED 19,940 (the “Costs Award”), representing 80% of the Claimed Amount in the Statement of Costs.
2. The Costs Award shall be paid within 14 days from the date of this Order, pursuant to RDC 38.40.
3. In the event the Defendant fails to pay the Costs Award within 14 days of this Order, interest shall accrue at the rate of 9% per annum from the date of this Order until full payment is made, in accordance with Practice Direction No. 4 of 2017.
Issued by:
Delvin Sumo
Assistant Registrar
Date of issue: 25 September 2025
At: 2pm
SCHEDULE OF REASONS
1. This is an application made by the Claimant seeking costs pursuant to paragraph 3 of the Order dated 18 September 2025, which rejected the Defendant’s Application No. CFI-071-2025/1 seeking to extend the time of filing a contest of jurisdiction Application to 30 November 2025.
2. For the reasons set out in that Order, I found that the Defendant’s Application is unreasonable.
3. In the Statement of Costs dated 18 September 2025, the Claimant claims a total of AED 24,800, comprising professional fees.
4. I am satisfied that the hourly rates fall within the reasonable range of market expectations. However, the time claimed does not appear proportionate to complexity, and volume of the steps undertaken.
5. However, in the exercise of my discretion under RDC 38.8 and 38.23, and applying the standard basis of assessment, I consider that a reduction is appropriate.
6. In the circumstances, I consider that an award of 80% of the Claimant’s claimed costs reflects a fair and proportionate outcome, consistent with the principles of reasonableness and judicial economy.
7. Accordingly, I award the Claimant costs in that amount, payable within 14 days, with interest accruing thereafter in accordance with the DIFC Courts’ standard practice.