DIFC Courts

CFI 002/2013 - Application Order of Justice Sir David Steel

February 02, 2014 court of first instance - Orders,Orders

Claim No. CFI 002/2013

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE COURT OF FIRST INSTANCE OF DIFC COURTS

BETWEEN

SPX MIDDLE EAST FZEClaimant/Applicant
and

 

JUDI FOR FOOD INDUSTRIES

Defendant/Respondent

ORDER OF JUSTICE SIR DAVID STEEL

UPON reviewing the Claimant's Application Notice CFI 002-2013/3 filed on 22 December 2013

AND UPON hearing Counsel for the Claimant and for the Defendant at the Application Hearing held on 29 January 2014

IT IS ORDERED THAT:

1. The Defendant shall provide written confirmation that Mr Abdulfatah Ali and Mr Azam Malik shall give evidence at Trial and shall confirm whether such evidence shall be given in person or by video link pursuant to Schedule B to Part 23 Video-conferencing Protocol, RDC 2011 by no later than 4pm on Monday, 3 February 2014.

 

2. Dr Mohammed Karbal of Karbal & Co shall file and serve a letter addressed to the Claimant: (i) setting out the steps he has taken to comply with the Defendant's disclosure obligations and the Claimant's Redfern Schedule; (ii) identifying who from the Defendant helped Dr Karbal to carry out the searches and provide disclosure; (iii) identifying which documents listed in the Redfern Schedule do not exist; (iv) identifying which documents listed in the Redfern Schedule are subject to privilege by no later than 4pm on Thursday, 6 February 2014.

 

3. The Defendant shall file and serve in accordance with RDC Rule 31.54 a supplementary report by Mr Abdulfatah Ali including: (i) details of Mr Ali's instructions; (ii) identification of all information or documents provided to Mr Ali; (iii) details of the process Mr Ali has followed to reach his conclusions; and (iv) a statement that Mr Ali understands his duty to the Court, and has complied and will continue to comply with that duty by no later than 4pm on Sunday, 9 February 2014.

 

4. The Defendant shall file and serve all translations of all documents referred to by Mr Ali in the supplemental report ordered above as well as those documents referred to in "Defendant Losses Report Prepared By External Auditor" and "Witness Statement of Abdulfatah Ali" (provided by the Defendant on 9 December 2013 and 19 December 2013 respectively) in accordance with RDC Part 31 by no later than 4pm on Sunday, 9 February 2014.

 

5. Agreed trial bundles to be completed in accordance with Part 35 of the RDC and lodged by Thursday, 13 February 2014. [RDC 2011 35.33]

 

6. Parties to prepare a chronology of significant events cross-referenced to significant documents, pleadings and witness statements to be agreed, insofar as possible, and to be filed by Thursday, 13 February 2014. [RDC 2011 35.63].

 

7. A single reading list approved by all parties' legal representatives for trial to be lodged with the Registry not later than Sunday, 16 February 2014, together with an estimate of time required for reading. [RDC 2011 35.50].

 

8. Skeleton Arguments and Written Opening Statements to be served on all other parties and lodged with the Court: (i) by the Claimants by Saturday, 15 February 2014; and (ii) by the Defendants by Sunday, 16 February 2014. [RDC 2011 35.61].

 

9. The Trial shall take place on Tuesday, 18 February 2014 with an estimated duration of 3 days.

 

10. Costs in the case.

 

11. Liberty to apply.
Issued by:
Nassir Al Nasser
Judicial Officer
Date of Issue: 2 February 2014
At: 10am