August 26, 2015 court of first instance - Orders,Orders
Claim No: CFI-001-2014
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
YOUSSEF ISSA WARD
and
DAMAC PARK TOWERS COMPANY LIMITED
ORDER OF THE CHIEF JUSTICE MICHAEL HWANG SC
UPON reviewing the Defendant’s Application Notice CFI-001-2014/2 and supporting documents dated 8 June 2015 (“the Defendant’s Application”) seeking: (1) permission to amend the grounds of appeal to include an additional ground arising out of the Order of H.E. Justice Omar Al Muhairi dated 25 May 2015 (“the 25 May Order”); and (2) a stay of the 25 May Order until the appeal is determined
AND UPON reviewing the Claimant’s Application Notice CFI-001-2014/3 and supporting documents dated 11 June 2015 (“the Claimant’s Application”) seeking an Order that unless the Defendant complies with the terms of the 25 May Order, they be held in contempt of Court.
AND UPON reviewing the respective replies to the applications and the subsequent correspondence between the parties
IT IS HEREBY ORDERED THAT:
The Defendant’s Application
1. The Defendant’s Application is granted in that:
(a) the Defendant be permitted to amend the grounds of appeal to include an additional ground arising out of the 25 May Order; and
(b) the 25 May Order be stayed pending the determination of the appeal, but be subject to the condition that the Defendant shall deposit the original cheque in question to the DIFC Courts to be held to abide by the decision of the Court of Appeal.
The Claimant’s Application
2. The Claimant’s Application is refused.
3. Liberty to apply if there is non-compliance with the direction in paragraph 1(b) above.
Costs
4. Costs of both the Defendant’s Application and the Claimant’s Application be reserved.
Issued by:
Mark Beer
Date of issue: 26 August 2015
At: 10am
