November 02, 2023 COURT OF APPEAL - JUDGMENTS
Claim No. CA 003/2023
IN THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF APPEAL
BETWEEN
(1) SANDRA HOLDING LTD
(2) NURI MUSAED AL SALEH
Claimants/ Respondents
and
(1) FAWZI MUSAED AL SALEH
(2) AHMED FAWZI AL SALEH
(3) YASMINE FAWZI AL SALEH
(4) FARAH EL MERABI
Defendants/ Appellants
ORDER OF THE COURT OF APPEAL
UPON the Judgment of the Court of Appeal in CA-003-2023 dated 6 September 2023, which determined that the Appellants succeed on their grounds of appeal and that the Worldwide Freezing Orders of Justice Sir Jeremy Cooke dated 10 November 2021 and 30 November 2021 (the “Freezing Orders”) be set aside
AND UPON the Court ordering a separate hearing to determine costs
AND UPON considering the respective written submissions of the parties and all documents in support filed in advance of the costs hearing on 26 October 2023 (the “Hearing”)
AND UPON hearing counsel for the Appellants and counsel for the Respondents at the Hearing
AND UPON having regard to the Appellants’ conduct in failing to comply with the Freezing Orders or apply to set-aside the Freezing Orders in a timely manner, leading to a delay of approximately 9 months
AND UPON the Appellants having paid into Court the amount of USD 1,870,000 as a condition for pursuing their appeal
IT IS HEREBY ORDERED THAT:
1. The Appellants be awarded 80% of their costs here and below, to be assessed on the standard basis.
2. The above costs to be subject to detailed assessment by the Registrar if not agreed.
3. There be no interest on costs.
4. The Appellants be returned their payment of USD 1,870,000 paid into Court as a condition for pursuing their appeal.
5. The Respondents to pay AED 1,000,000 on account towards the Appellants’ costs of here and below, within 28 days of the date of this Order.
Issued By:
Delvin Sumo
Assistant Registrar
Date of issue: 2 November 2023
At: 11am
