Five Holding Limited (2) Five Hotel Jumeirah Village LLC v Orient Unb Tafakul PJSC [2024] DIFC CFI 027 (28 March 2024)


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The Dubai International Financial Centre


You are here: BAILII >> Databases >> The Dubai International Financial Centre >> Five Holding Limited (2) Five Hotel Jumeirah Village LLC v Orient Unb Tafakul PJSC [2024] DIFC CFI 027 (28 March 2024)
URL: http://www.bailii.org/ae/cases/DIFC/2024/DCFI_027.html
Cite as: [2024] DIFC CFI 27, [2024] DIFC CFI 027

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CFI 027/2021 (1) Five Holding Limited (2) Five Hotel Jumeirah Village LLC v Orient Unb Tafakul PJSC

March 28, 2024 court of first instance - Orders

Claim No. CFI 027/2021

IN THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE COURT OF FIRST INSTANCE

BETWEEN

(1) FIVE HOLDING LIMITED
(2) FIVE HOTEL JUMEIRAH VILLAGE LLC

Claimants

and

ORIENT UNB TAFAKUL PJSC

Defendant


CONSENT ORDER


UPON the Claim Form dated 21 February 2021 (the “Proceedings”)

AND UPON the Default Judgment of H.E. Justice Nassir Al Nasser dated 14 March 2021 including an order for legal costs (the “Default Judgment”)

AND UPON the claim filed by the Claimants before the Courts of Dubai in Case No. 20/2021 plenary civil

AND UPON the Defendant filing an application to the Joint Judicial Committee on 25 March 2021 (Cassation No. 5/2021 (JT), the “JJC Application”)

AND UPON the Order of H.E. Justice Omar Al Muhairi dated 14 April 2021 staying the Proceedings pending the decision of the Joint Judicial Committee in the JJC Application

AND UPON the Order with Reasons of Justice Wayne Martin dated 4 August 2021 dismissing the Claimants’ applications dated 18 May 2021 to lift the stay imposed by H.E. Justice Omar Al Muhairi and awarding the Defendant their legal costs (the “Costs Order of Justice Martin”)

AND UPON the Order of Registrar Nour Hineidi dated 13 September 2021 (the ”Registrar’s Costs Order”) directing the Defendant to pay AED 82,942.50 into Court being 50% of the total amount claimed by the Claimants for legal costs on obtaining the Default Judgment

AND UPON the Decision and Order of the Joint Judicial Committee in Cassation No. 5/2021 (JT)

a. allowing the Claimants’ applications, and

b. finding that the Dubai Courts are the competent courts to determine the matters in issue in Case no. 20/2021 plenary civil; and

c. directing the DIFC Courts to cease interfering with the Proceedings

IT IS HEREBY ORDERED BY CONSENT THAT:

1. The Default Judgment is set aside.

2. The costs orders contained in the Default Judgment are set aside.

3. The Registrar’s Costs Order is vacated.

4. The Proceedings are dismissed.

5. In addition to the costs to be paid to the Defendant pursuant to the Costs Order of Justice Martin dated 4 August 2021 (the “Order”), which stands, the Claimants shall pay the Defendant the costs of and incidental to the Proceedings on the standard basis. Both the Order and the costs of and incidental to the Proceedings shall be assessed by the Registrar if not agreed.

Issued by:
Delvin Sumo
Assistant Registrar
Date of issue: 28 March 2024
At:1pm


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URL: http://www.bailii.org/ae/cases/DIFC/2024/DCFI_027.html