January 11, 2018 court of first instance - Orders
Claim No: CFI-020-2014
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
GFH CAPITAL LIMITED
and
DAVID LAWRENCE HAIGH
ORDER OF JUSTICE SIR JEREMY COOKE
UPON the Defendant’s application by way of email dated 19 November 2017 to strike out the claim as an abuse of process
AND UPON the hearing of the deemed application by the Defendant for permission to amend his statement of case
AND UPON the hearing of the deemed application by the Defendant for permission to add parties pursuant to Part 21 RDC
AND UPON considering an apparent application by the Defendant for a stay of proceedings
AND UPON reviewing the application of the Defendant dated 12 December 2017 for an adjournment of the hearing fixed for 13 and 14 December 2017
AND UPON the Defendant not attending the hearing or being represented
AND UPON hearing Counsel for the Claimant and the First and Second Proposed Part 21 Defendants
AND UPON reviewing all documents recorded on the Court file
IT IS HEREBY ORDERED THAT:
1.The application for an adjournment dated 12 December 2017 is refused.
2. Insofar as permission to appeal the Orders of Justice Sir Jeremy Cooke of 5 October 2017 and 17 October 2017 has not previously been considered and refused, such permission is refused.
3. The Court directs that no action is to be taken with regard to any further applications made by the Defendant unless an appropriate application notice is filed and the appropriate fees are paid, or a waiver of fees is granted upon the filing by the Defendant of proper evidence of a lack of ability to pay such fees.
4. The challenge to the jurisdiction of this Court by the Defendant, whether by email of 19 November 2017 or otherwise is refused. Any future applications seeking to challenge the jurisdiction of the Court to hear this case are liable to be struck out summarily.
5. The application for a stay of proceedings, insofar as one is made, whether by email of 24 October or otherwise, is refused.
6. The application to strike out the claim as an abuse of process, whether by email of 19 November 2017 or otherwise, is refused.
7. The Defendant has permission to amend his statement of case in accordance with the following paragraphs of the draft Amended Defence and Counterclaim dated 28 September 2017:
(i) Paragraphs 1-17G inclusive.
(ii) Paragraphs 19-70 inclusive, save that in draft paragraph 68(a) permission is refused to include the words “The signed version of the contract will be disclosed in the revised amended Defence when the Defendant has sufficient time” and in paragraph 68(e) permission is refused to include the words “The signed version of the letter of assignment will be disclosed in the revised amended Defence when the Defendant has sufficient time.”
(iii) Paragraphs 73 and 74.
(iv) Paragraphs 79-86 inclusive.
Save as aforesaid the application by the Defendant to amend his statement of case is refused.
8.The application dated 5 October 2017 to add Hisham Al Rayes, Jinesh Patel, the Federal Government of the United Arab Emirates and the DIFC Authority as a Part 21 Defendant is refused.
9. The costs of the CMC on 20 November 2017 shall be costs in the case.
10. The Defendant shall pay the costs of and occasioned by the hearing on 13 and 14 December 2017 to the Claimant on the standard basis, to be assessed if not agreed.
11. There be no separate order as to costs as between the Defendant, Mr Al Rayes and Mr Patel.
Issued by:
Amna Al Owais
Assistant Registrar
Date of Issue: 11 January 2018
At: 3pm
