January 23, 2023 Court of Appeal - Orders
Claim No. CA 015/2022
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
AL BUHAIRA NATIONAL INSURANCE COMPANY
Claimant/Respondent
and
(1) HORIZON ENERGY LLC
First Defendant/Appellant
(2) AL BUHAIRA INTERNATIONAL SHIPPING INC
Second Defendant
CONSENT ORDER
UPON the First Defendant’s Application No. CFI-0981-2021/1 dated 27 December 2021 disputing jurisdiction and seeking to have the Claim Form and its service set aside, alternatively seeking to have ABNIC’s claims struck out as an abuse of process (the “Jurisdiction Application”)
AND UPON Athe Order with Reasons of Justice Roger Giles dated 27 April 2022 dismissing the Jurisdiction Application (the “Order”)
AND UPON the First Defendant's Appeal Notice seeking Permission to Appeal against the Order dated 18 May 2022 (the “First PTA”)
AND UPON the Order of Chief Justice Zaki Azmi dismissing the First PTA dated 5 August 2022
AND UPON the First Defendant's Second Appeal Notice seeking Permission to Appeal against the Order dated 26 August 2022 (the “Application”)
AND UPON the Claimant’s Submissions in response to the Application dated 12 September 2022
AND UPON the Order of H.E. Deputy Chief Justice Ali Al Madhani dated 25 November 2022
AND UPON the DIFC Courts listing the hearing on Monday 30 January 2023
AND UPON the Consent Order dated 13 January 2023
AND UPON the parties having agreed to the terms set forth in this Consent Order
IT IS HEREBY ORDERED BY CONSENT THAT:
1. The parties shall file and exchange written submissions by no later than 2pm on 25 January 2023.
2. There shall be no order as to costs.
Issued by:
Delvin Sumo
Assistant Registrar
Date of issue: 23 January 2023
At: 11:30am
