October 20, 2021 Technology and construction division - Orders
Claim No. TCD 009/2020
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
FIVE REAL ESTATE DEVELOPMENT LLC
REEM EMIRATES ALUMINIUM LLC
ORDER WITH REASONS OF JUSTICE LORD ANGUS GLENNIE
UPON reviewing the Claimant’s Application No. TCD-009-2020/10 dated 11 October 2021 requesting a stay of the Application No. TCD-009-2020/6 pending the outcome of the second permission to appeal application dated 8 September 2021 (the “Stay Application”)
AND UPON reviewing the Defendant’s evidence in answer to the Stay Application dated 14 October 2021
AND UPON reviewing the Claimant’s evidence in reply to the Stay Application dated 17 October 2021
IT IS HEREBY ORDERED THAT:
1. The Stay Application is refused.
2. The Claimant shall pay the Defendant’s costs of the Stay Application to be assessed by the Registrar on the standard basis, if not agreed.
Date of issue: 20 October 2021
SCHEDULE OF REASONS
1. The Defendants' immediate judgment application TCD-009-2020/6 has been set down for a 4 hour hearing on 27 October 2021 for some considerable time now. The Stay Application comes very late and any stay at this late stage will involve wasted expense for one or both parties.
2. Further, I see no prejudice to the Claimant in the immediate judgment application going ahead before the ultimate disposal of the proposed appeal to the Court of Appeal against the Order of Justice Sir Richard Field made on 31 May 2021.
3. If that appeal goes ahead (and it is by no means certain that permission to appeal will be granted) and if it were ultimately to be successful, there would be no difficulty in bringing under review any decision adverse to the Claimant at the immediate judgment application.
4. All the arguments about impecuniosity and sums outstanding under other judgments can be dealt with at the stage of enforcement and/or in support of an application (if one is made) for a stay of execution.
For better web experience, please use the website in portrait mode