DIFC Courts

CFI 003/2008 - Interim Order

August 26, 2009 court of first instance - Orders,Orders

Claim No: CFI 003/2008

THE JUDICIAL AUTHORITY OF THE DUBAI INTERNATIONAL FINANCIAL CENTRE

IN THE COURT OF FIRST INSTANCE

Before the Honourable Michael Hwang, Deputy Chief Justice, on 21st October 2008

Between

DR. URS RECHSTEINERClaimant
andDIWAN CAPITAL LIMITEDDefendant

 

INTERIM ORDER OF JUSTICE SIR JOHN CHADWICK

UPON the application of the Defendant dated 20 July 2009

AND UPON hearing Counsel for the Defendant and Counsel for the Claimant

 

IT IS ORDERED THAT:

1. The Claimant give security for the Defendant's further costs of these proceedings down to (and including) the first Case Management Conference in the sum of US$50,000; such security to be provided by 4pm on 2 September 2009 by payment of the said sum into Court or in such other form (if any) as may be agreed by the Defendant.

2. Should the Claimant not provide the security as ordered:

(A) the claim be struck out without further order; and
(B) the Claimant be ordered to pay the Defendant's costs incurred in relation to the claim, to be assessed.

 

3. The Defendant shall be at liberty to apply for security for further costs at or from time to time after the first Case Management Conference.

 

4. The Claimant shall pay the Defendant's costs of this application, to be assessed.

 

Mark Beer

Registrar

Date of Issue: 26 August 2009

At: 11.30am