DIFC Courts

CFI 004/2014 MS. SONIA GUETAT v MIRABAUD (MIDDLE EAST) LIMITED

August 07, 2014 court of first instance - Orders,Orders

Claim No. CFI 004/2014

 

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE DIFC COURTS OF FIRST INSTANCE

 

BEFORE H.E.  JUSTICE ALI AL MADHANI

BETWEEN

MS. SONIA GUETAT

 

Claimant

and

MIRABAUD (MIDDLE EAST) LIMITED 

  

Defendant

ORDER MADE BY H.E. JUSTICE ALI AL MADHANI

 

 

UPON receiving both applications (Defendant’s Application No. CFI 004/2014/2 to strike out the claim and the Claimant’s Application No. CFI 004/2014/3 to extend the time in which to serve the Claim Form)

 

AND UPON hearing both applications on 6 August 2014

 

AND PURSUANT to the Rules of the DIFC Courts (RDC) 1.6, 4.49, 7.23 and 38.83 and Practice Direction No. 4 of 2014 DIFC Courts’ Wasted Costs Orders

 

AND UPON considering the case background and circumstances, in particular;

 

a) The Claimant’s attempts to serve the Claim form on 20 February and 24 June 2014

b) The nature of the case

c) The Claimant’s legal representative’s conduct in the case generally and in this application hearing particularly

d) The Defendant’s right to apply to strike out the Claim

 

ACCORDINGLY IT IS HEREBY ORDERED THAT:

 

  1. Unless the Claimant serves the Claim Form in the proper procedural method within 10 days of this Order, the Claimant’s Claim shall be struck out.

  2. The Claimant’s legal representative to file written submissions before this Court as to  why they should not be held liable for the costs of both applications as Wasted Costs, occasioned as a result of their conduct by no later than 4 pm on 5 September 2014

  3. The Court to consider and determine the Claimant’s legal representative’s submissions in deciding whether to make a Wasted Costs Order on the grounds cited above.

  4. The Claimant is at liberty to apply to amend the Claim form at their own cost.

 

Issued by:

Maha AlMehairi

Judicial Officer

Date of issue: 7 August 2014

Time: 4pm