January 29, 2017 court of first instance - Orders,Orders
Claim No: CFI-002-2016
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BEFORE H.E. JUSTICE SHAMLAN AL SAWALEHI
BETWEEN
DAS REAL ESTATE OWNED AND REPRESENTED BY MUSSABEH SALEM MUSSABEH HUMAID AL MUHAIRI
and
NATIONAL BANK OF ABU DHABI PJSC
DIRECTIONS ORDER
UPON reviewing the Claimant's Application Notice CFI-002-2016/3 dated 12 December 2016 that certain key liability issues be determined by way of preliminary hearing (the "Claimant's Application"), such application being consented to by the Defendant.
AND UPON reviewing the Court file and the Rules of the DIFC Courts (“RDC”)
IT IS HEREBY ORDERED THAT:
Claimant's Application
1. The Claimant's Application is granted.
2. The Claimant's Application having been granted, the parties shall proceed to the determination of certain key liability issues at a preliminary hearing on the basis set out below.
Witness Statements
3. Signed statements of witnesses of fact, and hearsay notices where required by RDC 29.2 and 29.103 to 29.105 inclusive shall be filed and served by the parties by 4pm on Thursday 12 January 2017.
4. Any witness statement in reply shall be filed and served by the later of 4pm on Thursday 9 February 2017 or 4 weeks following the exchange of witness statements.
5. Unless otherwise ordered, witness statements shall stand as evidence in chief of the witness at the preliminary hearing.
Hearing Bundles
6. Agreed hearing bundles shall be completed in accordance with Part 35 of the RDC and lodged by no later than 2 weeks before the preliminary hearing and by no later than 4pm on Monday 20 February 2017. [RDC 35.34]
Reading List
7. A single reading list approved by all parties' legal representatives for the preliminary hearing shall be lodged with the Registry, together with an estimate of time required for the hearing, by no later than two days before the start of the preliminary hearing, and in any event by no later than 4pm on Thursday 2 March 2017. [RDC 35.51]
Skeleton Arguments, Opening Statements and Chronology
8. Skelton Arguments and Written Opening Statements shall be served on all other parties and lodged with the Court five clear days before the start of the preliminary hearing for the Claimant, and in any event by no later than 2pm on Monday 27 February 2017 and two clear days before the start of the preliminary hearing for the Defendant, and in any event by no later than 2pm on Thursday 2 March 2017. [RDC 35.62].
Trial
9.The preliminary hearing shall commence on Tuesday 7 March 2017 with an estimated duration of 2-3 days.
10. Costs in the case.
11. Liberty to apply.
Issued by:
Natasha Bakirci
Assistant Registrar
Date of issue: 29 January 2017
At: 11am
