Claim No: CA 013/2016

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE COURT OF APPEAL

BETWEEN

VEGIE BAR LLC

Appellant

and

EMIRATES NATIONAL BANK OF DUBAI PROPERTIES PJSC

Respondent

and

THE DIFC REGISTRAR OF REAL PROPERTY

Non-Party Responden


 ORDER OF H.E. JUSTICE OMAR AL MUHAIRI


UPON reviewing the Claimant’s Application No. CA-013-2016/2 dated 2 August 2017 seeking Third Party Document Production Orders under the Rules of the DIFC Courts (RDC) 28.51 to 28.54.

AND UPON reviewing the Sixth Witness Statement of Naki Alkalajleh dated 4 July 2017 filed in support of the Application.

AND UPON reviewing the Respondent’s evidence in answer dated 22 August 2017

IT IS HEREBY ORDERED THAT:

1.The Respondent must within 14 days of the making of this Order, provide to the Appellant those documents that are listed in Schedule A attached to this Order. The list shall be verified and made in accordance with Part 28 of the RDC, Schedule A.

2. The Non-Party Respondent must within 14 days of the making of this Order, provide to the Appellant and Respondent those documents that are listed in Schedule B attached to this Order. The list shall be verified and made in accordance with Part 28 of the RDC, Schedule A.

3. The Respondent and the Non-Party Respondent must specify any of the documents which the Court has ordered should be produced:

(a) which are no longer in their control; or

(b) in respect of which they claim a right or duty to withhold production; and

(c) indicate what has happened to any documents which are no longer in their possession.

Issued by:

Natasha Bakirci

Assistant Registrar

Date of issue: 20 September 2017

At: 4pm  

SCHEDULE A  – DOCUMENTS TO BE PRODUCED BY THE RESPONDENT

1.All emails (including copy emails), letters, memorandums, file notes, telephone records or other communications regarding:

(a) the registration of the Vegie Bar Lease;

(b) the lodgment of the Strata Management Plan(s) for Limestone House DIFC;

(c) the 2015 amendment of the Vegie Bar Lease;

(d) the withdrawal of registration of the Vegie Bar Lease;

(e) the sale of Units 17A and 17B, and any other Units in Limestone House DIFC or Index Tower DIFC, to Zain Capital LLC.

2. The search should include documents made by or received by all relevant persons in the Respondent Company and include, but should not be limited to, all communications with:

(a) any director, officer, employee or agent of the Registrar of Real Property; and

(b) any director, officer, employee or agent of Union Properties PJSC; and

(c) any director, officer, employee or agent of Zain Capital LLC; and

(d) the Registrar of Companies and any employee or officer of the Registrar of Companies including Mr Ammar Ali; and

(e) Any communication with other DIFC Entities; and

(f) All internal communications, file notes, emails or memorandums.

3. All client communications in the possession of, and all instructions to Taylor Wessing, or any other law firm or advisor to the Respondent regarding:

(a) the registration of the Vegie Bar LLC Lease;

(b) the registration of the Strata Management Statement;

(c) the Sale of the Units R17A and R17B to Zain Capital LLC;

(d) The making of the witness statement of Nicholas James Carnell dated 8 September 2016 and filed in the DIFC Court of First Instance under CFI 009-2016.

4. The Respondent must:

(a) produce documents or classes of documents specified in this Order;

(b) carry out a search to the extent stated in the Order;

(c) produce any documents located as a result of that search;

(d) identify documents or classes of documents which were, but are no longer, in the party’s possession, custody and control and explain, to the best of the party’s knowledge and belief, what has happened to them.

(e) provide a verified list of the documents produced in accordance with Part 28 of the RDC, Schedule B.

5. Unless the Respondent complies with the terms of this Order, it shall be de-barred from defending this Appeal.

SCHEDULE B  – DOCUMENTS TO BE PRODUCED BY THE REGISTRAR OF REAL PROPERTY

6. All emails (including copy emails), letters, memorandums, file notes, telephone records or other communications regarding:

(a) the registration of the Vegie Bar Lease;

(b) the lodgment of the Strata Management Plan(s) for Limestone House DIFC;

(c) the 2015 amendment of the Vegie Bar Lease;

(d) the withdrawal of registration of the Vegie Bar Lease;

(e) the sale of Units 17A and 17B, and any other Units in Limestone House DIFC or Index Tower DIFC, to Zain Capital LLC.

7. The search should include documents made by or received by all relevant persons in the Respondent Company and include, but should not be limited to, all communications with:

(g) any director, officer, employee or agent of the Registrar of Real Property; and

(h) any director, officer, employee or agent of Union Properties PJSC; and

(i) any director, officer, employee or agent of Zain Capital LLC; and

(j) the Registrar of Companies and any employee or officer of the Registrar of Companies including Mr Ammar Ali; and

(k) Any communication with other DIFC Entities; and

(l) All internal communications, file notes, emails or memorandums.

8. All client communications in the possession of, and all instructions to Taylor Wessing, or any other law firm or advisor to the Respondent regarding:

(e) the registration of the Vegie Bar LLC Lease;

(f) the registration of the Strata Management Statement;

(g) the Sale of the Units R17A and R17B to Zain Capital LLC;

(h) The making of the witness statement of Nicholas James Carnell dated 8 September 2016 and filed in the DIFC Court of First Instance under CFI 009-2016.

9. The Non-Party Respondent must:

(f) produce documents or classes of documents specified in this Order;

(g) carry out a search to the extent stated in the Order;

(h) produce any documents located as a result of that search;

(i) identify documents or classes of documents which were, but are no longer, in the party’s possession, custody and control and explain, to the best of the party’s knowledge and belief, what has happened to them.

(j) provide a verified list of the documents produced in accordance with Part 28 of the RDC, Schedule B.

10. Unless the Non-Party Respondent complies with the terms of this Order, it shall be de-barred from defending this Appeal.