February 28, 2022 court of first instance - Orders
Claim No. CFI 020/2021
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
STORMHARBOUR SECURITIES LP
Claimant
and
NOOR BANK PJSC
Defendant
DOCUMENT PRODUCTION ORDER OF JUSTICE WAYNE MARTIN
UPON the Defendant's Application dated 31 January 2022 for a Document Production Order in accordance with RDC 28.36 (the "Application")
AND UPON reading the first witness statement of James Stuart Abbott
AND UPON being satisfied that the categories of documents the subject of the Defendant’s Application are:
a) relevant and material to issues in the case
b) adequately and sufficiently defined
c) within an appropriate date range
AND UPON being satisfied that the Claimant has failed to establish that documents within those categories are subject to obligations of commercial confidentiality that are either legally binding or compelling, and that no other valid ground of objection to production has been made out
IT IS HEREBY ORDERED THAT:
1. By 4pm on 14 March 2022, the Claimant shall search for and produce all documents (as defined in RDC 28.1 and 28.2) falling within one or more of the following categories:
a) for the period of 18 November 2019 to 9 February 2020 (inclusive), and excluding any document previously shared with the Defendant, all documents evidencing the Claimant’s purpose(s), objective(s) and/or intention(s) in entering into the parties’ Deed of Agreement dated 2 December 2019 (the “Deed”), including whether the Claimant intended to receive funds from an Etihad Settlement (as defined in the Deed) whether or not the Sale Transaction (as defined in the Deed) were consummated, including but not limited to documents within one or more of subparagraphs 1 to 6 of Request 1 of the Defendant’s Request to Produce as exhibited at pages 1 to 18 to the first witness statement of James Stuart Abbott;
b) for the period of 18 November 2019 to 9 February 2020 (inclusive), and excluding any document previously shared with the Defendant, all documents evidencing whether the wording of any of the clauses of the Deed in respect of which the Defendant seeks rectification was in accordance with the Claimant’s purpose(s), objective(s) and/or intention(s) when it entered into the Deed, including but not limited to documents within one or more of subparagraphs 1 to 4 of Request 2 of the Defendant’s Request to Produce as exhibited at pages 1 to 18 to the first witness statement of James Stuart Abbott;
c) for the period of 18 November 2019 to 9 February 2020 (inclusive), and excluding any document previously shared with the Defendant, all documents evidencing any step(s) taken by the Claimant in contemplation of receiving funds from an Etihad Settlement (as defined in the Deed) and/or any information or correspondence pursuant to clause 2.7.2 of the Deed, including but not limited to documents concerning any of the matters set out in subparagraphs 1 to 12 of Request 4 of the Defendant’s Request to Produce as exhibited at pages 1 to 18 to the first witness statement of James Stuart Abbott; and
d) for the period of 2 December 2019 to 29 January 2020 (inclusive), and excluding any document previously shared with the Defendant, all documents evidencing whether the Claimant intended and/or was able to consummate the Sale Transaction (as defined in the Deed) on the terms of the Deed, including but not limited to documents within one or more of subparagraphs 1 to 3 of Request 6 of the Defendant’s Request to Produce as exhibited at pages 1 to 18 to the first witness statement of James Stuart Abbott.
2. Paragraph 1 of this order does not require the Claimant to produce documents which it is entitled to withhold on grounds of legal professional privilege.
3. The Claimant shall provide a Document Production Statement in the form set out in Schedule B to Part 28 of the RDC in respect of the documents under paragraph 1 above by 4pm on 14 March 2022.
4. Costs in the case.
Issued by:
Nour Hineidi
Registrar
Date of Issue: 28 February 2022
At: 12.30pm
