October 03, 2019 court of first instance - Orders
Claim No. CFI-002-2017
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN:
KBC ALDINI CAPITAL LIMITED
and
DAVID BAAZOV
First Defendant/Part 21 Claimant
CANACCORD GENUITY CORP
Second Defendant
CANACCORD GENUITY (DUBAI) LIMITED
Third Defendant
ALEKSEI CHEGODAEV
First Part 21 Defendant
FERDYNE ADVISORY INC.
(a company incorporated in the British Virgin Islands)
Second Part 21 Defendant
ORDER OF JUDICIAL OFFICER MAHA AL MEHAIRI
PURSUANT TO THE Case Management Conference (“CMC”) Order of Judicial Officer Maha Al Mehairi issued on 18 July 2019;
AND UPON reviewing the PARTIES’ Request to Produce pursuant to Rule 28.16 of the Rules of the DIFC Courts;
AND UPON reviewing the parties objections to the Request to Produce;
IT IS HEREBY ORDERED THAT:
1.The First Defendant shall produce the following Requests to the Claimant by no later than 4pm on Thursday, 17 October 2019.
a. The First Defendant shall produce the second part of Request No. 1, meaning all emails, notes, messages, and/or records” relating to the meeting referred to which are within the First Defendant’s possession or control created in January 2016.
b. The First Defendant shall produce Request No. 2, 3, 5, 6, 9, 10, 11, 12, 13, 15 in the Claimant’s Redfern schedule
c. The Claimant’s Requests 4, 7, 8, 14, 16 are denied on the basis that the Request is not limited in time, it does not relate to a narrowly defined category of documents.
2. The Second and Third Defendant shall produce the following Requests to the Claimant by no later than 4pm on Thursday, 17 October 2019.
d. The Second and Third Defendant shall produce Request No. 5, 6, 11 in the Claimant’s Redfern schedule
e. The Second and Third Defendant shall provide a witness statement for Request No. 1, 2, 3, 4, 8, 10, 12, 13 in the Claimant’s Redfern Schedule
f. The Second and Third Defendant Requests No. 9, 14 are denied on the basis that the Request is not limited in time, it does not relate to a narrowly defined category of documents.
g. Request No. 7 is denied on the basis that it is privileged.
3. The Claimant shall produce the following Requests to the First Defendant by no later than 4pm on Thursday, 17 October 2019.
h. The Claimant shall produce Requests No. 1, 3, 4, 5, 7, 8 in the First Defendant’s Redfern schedule
i. The Claimant shall provide a witness statement for Request No. 2 in the First Defendant’s Redfern Schedule
j. The First Defendant’s Request No. 6 is denied on the basis that the Request is not limited in time it does not relate to a narrowly defined category of documents.
4. The Claimant shall produce the following Requests to the Second and Third Defendant by no later than 4pm on Thursday, 17 October 2019.
k. The Claimant shall produce Requests No. 6, 10 in the Second and Third Defendants’ Redfern schedule
l. The Claimant shall provide a witness statement for Requests No. 1, 2, 3, 4, 5, 7, 8, 9, 11, 12, 13, 14, 15 in the Second and Third Defendants’ Redfern Schedule
5. Liberty to apply.
6. Costs in the case.
Issued by:
Nour Hineidi
Date of issue: 3 October 2019
At: 3.30pm
