December 08, 2021 Court of Appeal - Orders
Claim No: TCD 003/2020
CA 014/2021
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
(1) NEST INVESTMENTS HOLDING LEBANON S.A.L.
(2) JORDANIAN EXPATRIATES INVESTMENT HOLDING COMPANY
(4) GHAZI KAMEL ABDUL RAHMAN ABU NAHL
(5) JAMAL KAMEL ABDUL RAHMAN ABU NAHL
(6) TRUST COMPASS INSURANCE S.A.L.
(7) TRUST INTERNATIONAL INSURANCE COMPANY (CYPRUS) LIMITED
(8) HIS EXCELLENCY SHEIKH NASSER BIN ALI BIN SAUD AL THANI
(9) FADI GHAZI ABU NAHL
(10) HAMAD GHAZI ABU NAHL
(11) KAMEL GHAZI ABU NAHL
Claimants
and
(1) DELOITTE & TOUCHE (M.E.)
(2) JOSEPH EL FADL
Defendants
CONSENT ORDER
UPON the Judgment of Justice Sir Richard Field dated 13 June 2021 (the “Judgment”) on the trial of three preliminary issues, being the recoverability of the losses claimed by the Claimants (‘Issue 1’), whether the Claimants’ claims are time-barred (‘Issue 2’) and whether certain specified documents are admissible as evidence of the findings and/or matters stated in them (‘Issue 3’)
AND UPON the Claimants’ applications for permission to appeal against the decision on Issue 2 as set out in the Judgment on the grounds of the date on which the limitation period that applies to the Claimants’ claims started (‘Ground 1’) and the limitation period which applies to all of the Claimants’ claims (‘Ground 2’)
AND UPON the Order of Justice Sir Richard Field dated 13 September 2021 giving the Claimants permission to appeal on Ground 1 and refusing permission to appeal on Ground 2
AND UPON the Consent Order of 7 October 2021
AND UPON the Order of Chief Justice Zaki Azmi dated 16 November 2021 giving the Claimants permission to appeal on Ground 2
AND UPON the Defendants indicating their intention to file a Respondents’ Notice in relation to Issues 1 and 2 (the “Respondents’ Notice”)
IT IS HEREBY ORDERED BY CONSENT THAT:
1. The Defendants shall not be obliged to file the Respondents’ Notice and Skeleton Argument until 4pm UAE time on Thursday 13 January 2022.
2. The Claimants shall not be obliged to file any written submissions in opposition until 4pm UAE time on Thursday 3 February 2022.
Issued by:
Nour Hineidi
Registrar
Date of Issue: 8 December 2021
At: 1pm
