December 10, 2024 COURT OF FIRST INSTANCE - ORDERS
Claim No: CFI 020/2022
IN THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
ACCURACY MIDDLE EAST ADVISORY LTD
Claimant
and
ANABEL DEBELAK
Defendant
ORDER OF JUSTICE MICHAEL BLACK KC
UPON the Defendant’s legal representatives’ correspondence dated 4 November 2024 notifying the Court that the Defendant had passed away on 31 October 2024 and requesting a stay of proceedings (the “Defendant’s Request”)
AND UPON the Registry’s direction dated 26 November 2024 requesting email submissions on the Defendant’s Request
AND UPON the Defendant’s legal representatives’ submission dated 26 November 2024 and the Claimant’s submission in reply dated 29 November 2024
AND PURSUANT TO Rule 4.10 of the Rules of the DIFC Courts (“RDC”)
IT IS HEREBY ORDERED THAT:
1. By no later than 4pm on 17 January 2025, the Defendant’s legal representatives, shall make all reasonable enquiries to ascertain:
(a) whether the Defendant’s death has been registered; and therefore
(b) whether any executor has been appointed in respect of the Defendant’s estate and, if so, their identity; and
(c) whether there is any person who could be appointed pursuant to RDC 20.49(2) to represent the estate of the Defendant in the current proceedings and, if so, their identity.
2. By no later than 4pm on 17 January 2025, the Defendant’s legal representatives shall write to the Court confirming the enquiries it has made in respect of the above and the outcome of those enquiries.
3. Each party shall have liberty to apply for further directions following confirmation by the Defendant’s legal representatives of the outcome of its enquiries.
4. The Claimant shall have liberty to apply for an order under RDC 20.49(1) or RDC 20.49(2) following confirmation by the Defendant’s legal representatives of the outcome of their enquiries.
Issued by:
Hayley Norton
Assistant Registrar
Date of issue: 10 December 2024
At: 11am