October 04, 2016 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
ORDER OF H.E. JUSTICE SHAMLAN AL SAWALEHI
UPON reviewing the Defendant’s Bill of Costs dated 8 May 2016, the Claimant’s Points of Dispute dated 29 May 2016 and the Defendant’s responses to the Points of Dispute dated 24 July 2016 and all supporting documents
AND UPON reading the Order of Deputy Chief Justice Sir David Steel dated 8 February 2016 relating to the Claimant’s application seeking mandatory injunctive relief and a prohibitive injunction against the Defendant
AND UPON hearing Counsel for the Claimant and Counsel for the Defendant at the detailed assessment hearing on 29 September 2016
IT IS HEREBY FOUND following the detailed assessment of the Defendant’s costs of USD 233,868, that the Defendant is entitled to claim USD 150,000 as its costs
IT IS HEREBY ORDERED THAT:
1.The Claimant shall within 14 days of the date of this Order, pay to the Defendant its costs in the sum of USD 143,214.32, as follows:
(a) USD 120,000 being 80 percent of USD 150,000 which is the Defendant’s costs following detailed assessment, payable to the Defendant pursuant to paragraph 2 of the Order of Deputy Chief Justice Sir David Steel dated 8 February 2016;
(b) USD 9,182.25 being 60 percent of USD 15,303.75 which is the total of the Defendant’s Statement of Costs, payable to the Defendant as its costs of the detailed costs assessment proceedings; and
(c) USD 14,032.07 payable to the Defendant as the Assessment Fee of the detailed costs assessment proceedings.
Issued by:
Natasha Bakirci
Assistant Registrar
Date of issue: 4 October 2016
At: 11am