DIFC Courts

CFI 020/2014 GFH Capital Limited v David Lawrence Haigh

September 30, 2014 court of first instance - Orders,Orders

Claim No: CFI 020/2014

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

 

IN THE COURT OF FIRST INSTANCE

BEFORE JUSTICE SIR DAVID STEEL

 

BETWEEN

GFH CAPITAL LIMITED

                                                                                          Claimant

and

 

DAVID LAWRENCE HAIGH

Defendant

VARIATION ORDER OF JUSTICE SIR DAVID STEEL

UPON reviewing the Defendant’s Application Notice CFI-020-2014/6 dated 4 September 2014 (the “Application”) seeking variation of the Freezing Order dated 18 June 2014 by Deputy Chief Justice Sir John Chadwick (the “Freezing Order”)

AND UPON reading the relevant material in the case file

AND UPON hearing Counsel for the Claimant and Counsel for the Defendant on 15 September 2014

IT IS HEREBY ORDERED THAT:

  1. The Claimant’s / Defendant’s Application to vary the Freezing Order is dismissed, save as granted in paragraphs 2 to 5 below.

Variation of the Freezing Order

  1. Paragraph 9(1) of the Freezing Order be amended to read:

    “From spending US$ 2,050 a week towards his ordinary living expenses if not in custody and US$ 500 a week if in custody.”

Sale of Property – Compliance with the Search Order

  1. Upon an undertaking form the Defendant to comply with the search order dated 12 June 2014 (the “Search Order”) the Defendant may sell the property known as Al Sahab 1, Apartment 1903, Dubai Marina, Dubai, UAE subject to the following conditions:(a)  an independent and reputable agent shall be appointed to market the property;

    (b)  an independent law firm, subject to the jurisdiction of the DIFC Courts, shall be appointed to conduct the conveyance;

    (c)  both the aforesaid real estate agent and law firm shall be notified of the Freezing Order; and

    (d)  the proceeds of sale shall be applied as follows:

    (i)   in meeting the reasonable costs of sale,

    (ii)  in discharging the mortgage in favour of ADCB Bank, verification of which shall be provided to the Claimant’s legal representatives;

    (iii)  the net proceeds of sale shall be paid into Court.

  1. The Defendant may sell the Lexus motor vehicle referred to in his statement dated 4 September 2014 subject to the following conditions;(a)  an independent and reputable car dealership shall market the vehicle; and

    (b)  the proceeds of sale shall be paid into Court.

  2. The Defendant may apply the funds held in the Defendant’s legal representatives’ client account in the sum of GBP 200,000 in discharging reasonable legal expenses in accordance with their undertaking dated 19 August 2014, subject to the Claimant being provided with an invoice for each of the proposed expenses.

  3. The Defendant shall pay 75% of the Claimant’s costs of the Application, to be assessed by the Registrar if not agreed.

 

 

 Issued by:

Natasha Bakirci

Assistant Registrar

Date of issue: 30 September 2014

At: 4pm