Claim No: CFI 007/2013
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BEFORE JUDGE SHAMLAN AL SAWALEHI
BETWEEN
| (1) Omar Dobouny (2) David Dobouny (3) Steven Ferrari (4) Ashley Fong (5) David Mickler (6) Oberon Trading Limited | Claimants |
| andDaman Real Estate Capital Partners Limited | Defendant |
DISCLOSURE ORDER OF JUDICIAL OFFICER SHAMLAN AL SAWALEHI
UPON reviewing the Court file
AND UPON reading the Claimant and the Defendant Requests for production of documents and Objections
IT IS HEREBY ORDERED THAT:
1. The Claimant shall disclose to the Defendants any documents within its possession, custody or control that related to ;
a) Availability of funds by the Claimants to pay for the amounts still due under the Sales and purchase Agreements.
b) Loss of rental income as alleged by the Claimants in schedule 3 attached to the Particulars of Claim.
c) The costs, expenses or fees of any kind which were or would be incurred by the Claimants in connection with talking delivery of the units and in renting them out .
2. The Defendant shall disclose to the Claimant any documents within its possession, custody or control that related to ;
a) The handover report provided by Daman RECAP / Oger Dubai LLC to Al Habtoor Leighton LLC prior to Al Habtoor Leighton LLC taking possession of the site.
b) Notifications of Non Performance issued by Daman RECAP to Al Habtoor Leighton LLC.
c) Letter submitted to Daman RECAP by Al Habtoor Leighton LLC on 13 June, 26 March and 28 June 2012.
d) Copies of the three extensions of time claims made by Al Habtoor Leighton LLC to Daman RECAP.
e) Payment certificates/documents relating to the payments made by Daman RECAP to Al Habtoor Leighton LLC for the work carried out under the Contract for residual Works.
3. The Claimant compliance with the Disclosure Order in paragraph 1 shall be verified by a Discloser Statement pursuant to RDC
Rule 28.22.
4. The Defendant compliance with the Disclosure Order in paragraph 2 shall be verified by a Discloser Statement pursuant to RDC
Rule 28.22.
5. The Claimant is not required to produce documents in respect of which there is a legal impediment privilege under the legal and ethical rules of the
DIFC Courts and which are otherwise irrelevant. Documents may also be redacted to the extent necessary to protect the identity and personal data of third parties.
6. The Defendant is not required to produce documents in respect of which there is a legal impediment privilege under the legal and ethical rules of the
DIFC Courts and which are otherwise irrelevant. Documents may also be redacted to the extent necessary to protect the identity and personal data of third parties.
7. The Court makes no order in relation to other request in the Claimant's Applications.
8. The Court makes no order in relation to other request in the Defendant's Applications.
9. Costs in the Case
10. Liberty to apply.
Issued by:
Shamlan al Sawalehi
Judicial Officer
Date of issue: 15 July 2013
At: 02:00 pm
