August 31, 2021 court of first instance - Orders
Claim No. CFI 083/2018
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
SALEM DWELA
Claimant
and
DAMAC PARK TOWERS COMPANY LIMITED
Defendant
DOCUMENT DISCLOSURE ORDER OF JUSTICE ROGER GILES
UPON the Amended Case Management Order of Justice Roger Giles dated 20 April 2021
AND UPON reviewing the Claimant’s Request to Produce dated 15 July 2021
AND UPON reviewing the Defendant’s Request to Produce dated 15 July 2021
AND UPON reviewing the Claimant’s Objections to Request to Produce dated 24 July 2021
AND UPON reviewing the Defendant’s Objections to Request to Produce dated 22 July 2021
AND UPON the Registry sending this Order by way of email on 24 August 2021 which should be taken as the actual date of the Order
IT IS HEREBY ORDERED THAT:
1. A Document Production Order directing that the Claimant:
(a) produce Document 5; and
(b) make all proper search for and produce Documents 1 and 6.
2. The Defendant has liberty to apply with respect to Document 10 following the exchange of witness statements.
Issued by:
Nour Hineidi
Registrar
Date of issue: 31 August 2021
At: 3.30pm
SCHEDULE OF REASONS
1. The Requests to Produce and Responses have been referred to Justice Roger Giles. The determinations are as follows.
Claimant’s Request
2. Five documents and categories of documents are requested.
3. From the Response, the documents either do not exist, cannot be found on search or have already been provided. No Document Production Order is made.
Defendant’s Request
4. Eleven documents or categories of document are requested. From the Response:
5. Documents 2, 4, 7, 8, 9 and 11 have already been or are provided, or cannot be found on search.
6. Document 1: Production is not excused because the Claimant was, at the date of his Response, in Dubai and not currently in possession of the document. The Claimant should make all proper search for it, including taking steps to search for it and obtain it from his residence in Italy, and produce it unless it cannot be found.
7. Document 3: The documents are of insufficient relevance and need not be produced.
8. Document 5: The documents are within the Claimant’s control, being held by his agent DWF. They should be obtained and produced.
9. Document 6: The Claimant misunderstand the request; it requires production of documents relating to the Unit being documents which passed between the Claimant and Ms Jeyran. The Claimant should make all proper search for the documents, including for the power of attorney notwithstanding that it is not currently in his possession, and they should be produced unless they cannot be found.
10. Document 10: The documents should be provided as part of the Claimant’s evidence and need not be produced at present.