May 28, 2018 Court of Appeal - Orders
Claim No: CA 003/2018
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF APPEAL
BETWEEN
TATIANA MIKHAVILOVNA AKHMEDOVA
Claimant/Respondent
and
FARKHAD TEIMUR OGLY AKHMEDOV
First Defendant
STRAIGHT ESTABLISHMENT
(a corporation incorporated in the Principality of Liechtenstein)
Second Defendant/Appellant
ORDER OF THE COURT OF APPEAL
UPON the Second Defendant’s Appeal by way of Appeal Notice dated 13 March 2018
AND UPON the Claimant’s application to amend her Particulars of Claim dated 29 March 2018 (the “Amendment Application”)
AND UPON hearing Counsel for the Appellant and Counsel for the Respondent at a hearing on 9 May 2018
IT IS HEREBY ORDERED THAT:
1.The appeal is allowed with reasons to follow.
2. As at the date of the Order of His Excellency Justice Ali Al Madhani dated 8 February 2018 (the “Freezing Injunction”) and as at the date of return date of the Freezing Injunction on 8 March 2018, the Court of First Instance had no jurisdiction over the Second Defendant to make or continue the Freezing Injunction.
3. The Amendment Application shall be listed before the Court of Appeal on 11 July 2018 with a time estimate of 1 day.
4. The Claimant shall file and serve any evidence on which she intends to rely in respect of the Amendment Application within 10 days of this Order.
5. The Second Defendant shall file and serve any evidence on which it intends to rely in respect of the Amendment Application within 10 days thereafter.
6. The Second Defendant shall file and serve any written submissions on costs in respect of the appeal within 7 days of this Order.
7. The Claimant shall file and serve any written submissions on costs within 7 days thereafter.
8. The Freezing Injunction shall continue until further order of the Court.
Issued by:
Ayesha Bin Kalban
Assistant Registrar
Date of issue: 28 May 2018
At: 1pm