April 21, 2020 Technology and Construction Division - Orders
Claim No: TCD 003/2020
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
(1) NEST INVESTMENTS HOLDING LEBANON S.A.L.
(2) JORDANIAN EXPATRIATES INVESTMENT HOLDING COMPANY
(3) QATAR GENERAL INSURANCE AND REINSURANCE COMPANY P.J.S.C.
(4) GHAZI KAMEL ABDUL RAHMAN ABU NAHL
(5) JAMAL KAMEL ABDUL RAHMAN ABU NAHL
(6) TRUST COMPASS INSURANCE S.A.L.
(7) TRUST INTERNATIONAL INSURANCE COMPANY (CYPRUS) LIMITED
(8) HIS EXCELLENCY SHEIKH NASSER BIN ALI BIN SAUD AL THANI
(9) FADI GHAZI ABU NAHL
(10) HAMAD GHAZI ABU NAHL
(11) KAMEL GHAZI ABU NAHL
(1) DELOITTE & TOUCHE (M.E.)
(2) JOSEPH EL FADL
UPON reviewing the Third Claimant’s Application Notice dated 27 February 2020 seeking an order that the Court give permission to the Applicant to discontinue its claims against the Defendants in this case (the “Application”)
AND UPON reviewing the other Claimants’ response to the Application dated 30 March 2020
AND UPON reviewing the Defendants’ response to the Application dated 30 March 2020
AND UPON the Claimants and Defendants having agreed to the terms set forth in this Consent Order
IT IS HEREBY ORDERED BY CONSENT THAT:
1. The Application granted.
2. If, at any time later in these proceedings, the Defendants’ costs of the proceedings or any portion of those costs (including any reimbursement of Court fees) are subsequently awarded by the Court against the Claimants:
(a) The Defendants will not pursue, (i) the Third Claimant or (ii) the other Claimants (the “Remaining Claimants”) for the Third Claimant’s proportionate share (i.e. 1/8th) of any amount of costs awarded for the period from the commencement of the Claim to the date of this Consent Order; and
(b) The Defendants retain the right to pursue the Remaining Claimants for:
(i) The Remaining Claimants’ proportionate share of any amount of costs awarded to the Defendants from the commencement of the Claim to the date of this Consent Order (i.e. 7/8th’s of the costs); and
(ii). any amount of costs awarded to the Defendants from the date of this Consent Order to the date of the applicable Order granting the costs award (i.e. 100% of the costs from that date).
3. If any additional claimants are added to the Claim, the Defendants retain the right to pursue those claimants for any costs of the proceedings subsequently awarded to the Defendants from the date the additional claimants join the proceedings.
4. The Third Claimant will not be liable for any costs or Court fees incurred by the Remaining Claimants or the Defendants after the date of this Consent Order and the Remaining Claimants or the Defendants will not pursue the Third Claimant for any such costs.
5. No order as to costs.
Date of issue: 21 April 2020