May 26, 2023 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
Claimant/ Defendant to Counterclaim
REEM EMIRATES ALUMINIUM LLC
Defendant/ Claimant to Counterclaim
ORDER WITH REASONS OF JUSTICE LORD ANGUS GLENNIE
UPON my Judgment dated 3 March 2023 ordering for the parties to attempt to agree a Final Account by no later than 28 days from the date of Judgment and should no agreement be reached, the parties are to file brief submissions on outstanding matters (the “Judgment”)
AND UPON the Claimant’s Post Judgment submissions laying out its Points of Dispute dated 8 May 23 and amended on 10 May 2023 (the “Points of Dispute”)
AND UPON the Defendant’s Post Judgment submission dated 17 May 2023
AND UPON hearing Counsel for the Claimant and Counsel for the Defendant at a Post Judgment hearing on 25 May 2023 (the “Hearing”)
IT IS HEREBY ORDERED THAT:
1. The Points of Dispute are rejected.
2. The Claimant shall pay the Defendant the sum of AED 17,028,125.19 within 14 days from the date of this Order (the “Amount”).
3. In the event the Claimant fails to pay the Amount within 14 days from the date of this Order, Post Judgment interest, pursuant to Practice Direction No. 4 of 2017 (Interest on Judgments), will accrue on the Amount at the rate of 9% per annum from the end of the 14-day period stated in paragraph 2 of this Order until the date of full payment.
4. The Claimant shall pay the Defendant its costs of and in connection with the Hearing from 11 May 2023 until the date of this Order, such costs to be assessed by the Registrar on the standard basis if not agreed.
Date of issue: 26 May 2023
SCHEDULE OF REASONS
1. The parties have reached an agreement on all matters except for the two “Points of Dispute” identified in the Claimant’s Post Judgment Submissions as amended on 10 May 2023. I heard argument on those two Points of Dispute.
2. As to the Claimant’s First Point of Dispute, I was not persuaded that any sums included within the Defendant’s spreadsheet were first claimed by the Defendant before 4 June 2008, that being the critical date for reasons explained in para. 114 of my earlier Judgment issued on 3 March 2023. Indeed, I am satisfied that all such sums were first claimed by the Defendant after that date. In those circumstances the Claimant fails on this First Point of Dispute.
3. As to the Claimant’s Second Point of Dispute, there was no dispute at the trial as to the amounts paid to the Defendant as set out in paras. 30 and 110 of my earlier Judgment. The figures there set out are similar to, though not precisely the same as, sums admitted by the Claimant in its pleadings. It is too late now Post Judgment to seek to re-open this and raise it as an issue for the first time. In any event I was not persuaded that the Defendant had been paid the additional sum as contended for by the Claimant. Accordingly, the Claimant fails on this Second Point of Dispute.
4. On the basis of my decision on those two points, it was agreed that the balance due to the Defendant was AED 17,028,125.19. I have given judgment for that sum to be paid within 14 days of the date of this Order, together with post Judgment interest at the rate of 9% to accrue from that date if that sum is not paid by then.
5. As to costs, my earlier Judgment encouraged parties to attempt to agree the final account based on my decisions set out in the Judgment. They made considerable progress for which they are to be congratulated. I see no reason to penalise either party in costs during that exercise. However there came a point where the dispute between the parties narrowed down to the Claimant’s two Points of Dispute, and that dispute necessitated this hearing. The Defendant has been successful on these two points and should have its costs. I have therefore awarded the Defendant its costs of and in connection with this hearing, including within that expression its costs going back to 11 May 2023 which is approximately when the dispute about these points crystallised.