Claim No: CA 006/2014

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE COURT OF APPEAL

 

BEFORE DEPUTY CHIEF JUSTICE SIR JOHN CHADWICK, JUSTICE SIR DAVID STEEL AND H.E. JUSTICE OMAR ALMUHAIRI

 

BETWEEN

 

TVM CAPITAL MENA LIMITED 

Claimant/Respondent

and

 

ALI AKBAR HASHEMI 

Defendant/Appellant


 ORDER OF DEPUTY CHIEF JUSTICE SIR JOHN CHADWICK, JUSTICE SIR DAVID STEEL AND H.E. JUSTICE OMAR ALMUHAIRI


UPON THIS APPEAL from the Order made by Justice Roger Giles on 22 May 2014 in proceedings CFI 045/2012 coming before the Court on 11 and 16 December 2014

AND UPON reading the documents noted on the Court file as having been read

AND UPON hearing Counsel for the Appellant, Ali Akbar Hashemi and Counsel for the Respondent, TVM Healthcare Partners Limited

IT IS HEREBY ORDERED THAT:

1. Save as provided hereunder the appeal is dismissed.

2. Paragraph 2 of the Order made by Justice Roger Giles on 22 May 2014 shall be varied by substituting therefor:

“2. Save as set out at paragraph 3 below, the Defendant shall pay to the Claimant its costs of these proceedings; such costs to be assessed, if not agreed. In assessing those costs, the Court shall disallow (i) the Claimant’s costs of and incidental to obtaining the reports of Dr. Asher and calling him as a witness at trial and (ii) 20% of the costs incurred by the Claimant in relation to its attendance at trial.

3. The Defendant may deduct from the costs otherwise payable to the Claimant pursuant to this Order, a sum equal to 30% of his costs incurred in relation to his attendance at trial, such amount to be assessed by the Court if not agreed.”

3. The Appellant shall pay the Respondent85% of its costs of this appeal; such costs to be assessed if not agreed.

Issued by:

Maha AlMehairi

Judicial Officer

Date of Issue: 25 December 2014

At:  3pm