May 04, 2023 COURT OF FIRST INSTANCE - ORDERS
Claim No. CFI 114/2020
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
INTERNATIONAL ELECTRO-MECHANICAL SERVICES CO. (LLC)
Claimant
and
EMIRATES SPECIALITY HOSPITAL FZ-LLC
Defendant
ORDER WITH REASONS OF JUSTICE LORD ANGUS GLENNIE
UPON my Judgment dated 8 March 2023 granting the Claim and ordering the Defendant to pay the Claimant’s costs on an indemnity basis, to be assessed by the Registrar if not agreed (the “Judgment”)
AND UPON the Claimant’s Application No. CFI-114-2020/7 dated 5 April 2023 seeking for its costs to be assessed by the Court in the sum of USD 518,526.68 (the “Application”)
AND UPON reviewing the witness statement of Antonios Dimitracopoulos dated 3 April 2023 filed in support of the Application
AND UPON the Defendant’s failure to respond to the Application
IT IS HEREBY ORDERED THAT:
1. The Application is granted.
2. The Claimant’s costs shall be assessed by the Court in the sum of USD 518,526.68 (the “Costs”).
3. The Defendant shall pay the Claimant the Costs within two weeks of this Order.
Issued by:
Hayley Norton
Assistant Registrar
Date of issue: 4 May 2023
At: 2pm
SCHEDULE OF REASONS
1. Pursuant to my Judgment dated 8 March 2023, the Defendant was ordered to pay the Claimant’s costs to be assessed on an indemnity basis by the Registrar, if not agreed (the “Order”).
2. The relevant wording of the Order is set out below:
“The Defendant shall pay to the Claimant its costs of this action on an indemnity basis, such costs to be assessed by the Registrar if not agreed.”
3. On 5 April 2023, the Claimant filed an application seeking for its costs to be assessed on an immediate basis in the amount of USD 518,526.68 (the “Application”). The Defendant failed to file any response to the Application.
4. Although my Order required that costs be subject to an assessment by the Registrar, in the interests of saving time and costs in commencing the detailed assessment proceedings and in circumstances where the Application has not been opposed, I shall grant the Claimant’s Application and order that costs be awarded to the Claimant summarily assessed in the amount of USD 518,526.68.