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CFI 007/2008 - Order
August 30, 2009 court of first instance - Orders,Orders
Claim No: CFI 007/2008
THE JUDICIAL AUTHORITY OF THE DUBAI INTERNATIONAL FINANCIAL CENTRE
(a) the Application Notice filed by the Defendant on 12 July 2009.
(b) the Request for Judgment made by the Claimant on 13 July 2009.
(c) the Statement of Anna Dadic dated 5 August 2009.
AND UPON hearing the Claimant in person and Mr Adrian Chadwick, Counsel for the Defendant.
IT IS ORDERED as follows:
1. Subject as provided in this Order the Claimant shall have judgment for the sum of AED 200,000 with interest thereon at the judgment rate from 5 July 2009 until payment or satisfaction under this Order.
2. The Defendant shall pay into Court by 3 September 2009 the sum of AED 200,000. Upon such sum being paid into Court by the Defendant, the Claimant may apply to the Registrar for payment out to her of the sum of AED 150,000 as an interim payment on account of such sum as may be payable to her under this Order.
3. The Defendant is to pay the Claimant's costs of the proceedings down to and including 8 April 2009 other than costs incurred in respect of and/or in connection with:
(a) the Claimant's Application dated 16 March 2009 (seeking to add the Dubai International Financial Centre Authority as a Defendant) which was discontinued by the Claimant on 23 March 2009; and
(b) the Claimant's application dated 16 March 2009 for permission to serve an Amended Claim Form and a Statement of Particulars of an Amended Statement of Claim, which was withdrawn by the Claimant on 23 March 2009.
4. Save in so far as costs are already provided for in the Costs Order made by Justice Tan Sri Siti Norma Yaakob in her Order made on 23 April 2009 (which, for the avoidance of doubt, this Order does not affect or vary in any way) the Claimant is to pay the Defendant's costs of the proceedings for the period from 8 April 2009 down to and including 21 June 2009.
5. There is no order in respect of the costs incurred by either party after 21 June 2009.
6. The costs payable by each party to the other under this Order and the costs payable under the Order of 23 April 2009 shall be assessed by the Registrar on the standard basis and set off.
7. The balance of the monies in Court (with interest accrued thereon) shall be paid (i) to the Claimant towards the satisfaction of any sum remaining payable to her under this Order and (ii) subject thereto to the Defendant.
8. For the avoidance of doubt the Claimant shall repay to the Defendant within 14 days of the Registrar certifying the amount (if any) payable by her in respect of costs (following assessment and set-off) ("the Defendant's net costs") a sum equal to the amount (if any) by which the defendant's net costs exceeds the sum to be paid to the Defendant under paragraph 7 of this Order.
