December 09, 2024 COURT OF FIRST INSTANCE - ORDERS
Claim No: CFI 020/2023
IN THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURT
IN THE COURT OF FIRST INSTANCE
BETWEEN
MUZOON HOLDING LLC
Claimant
and
BELSONS INNOVATIONS TECHNOLOGIES LLC
Defendant
ORDER OF JUSTICE LORD ANGUS GLENNIE
IF YOU BELSONS INNOVATIONS TECHNOLOGIES LLC, DISOBEY THIS ORDER, YOU AND YOUR DIRECTORS MAY BE HELD TO BE IN CONTEMPT OF COURT AND MAY BE REFERRED TO THE ATTORNEY GENERAL OF DUBAI, FINED AND HAVE YOUR ASSETS SEIZED.
UPON the Claimant’s Application No. CFI-020-2023/4, dated 30 July 2024 seeking the Court’s permission to amend the Claim Form, and thereby all other past and future statements of case in (i) these Proceedings, (ii) ENF-139-2024, and (iii) ENF-304-2023 (together with ENF-139-2024, the “Associated Applications”), to reflect the correct name and contact details of the Defendant, pursuant to RDC r.18.2 (the “Claimant’s Amendment Application”)
AND UPON the Order of Justice Lord Angus Glennie dated 16 August 2024 granting the Claimant’s Amendment Application (the “Order”)
AND UPON the Defendant’s failure to comply with the Order, which ordered the Defendant to grant to the Claimant access to the ePMS Software, which is the subject of these Proceedings and to which the Claimant previously had access, in accordance with the Cooperation Agreement dated 30 June 2023 (the “Software”)
AND UPON the Defendant’s Appeal Notice filed on 30 August 2024 seeking permission to appeal the Order (the “PTA Application”)
AND UPON the Claimant’s Application No. CFI-020-2023/5 dated 25 September 2024 seeking an unless order compelling the Defendant’s compliance with the Order and imposing sanctions upon the Defendant for its failure to comply with the Order (the “Unless and Sanctions Application”)
AND UPON the Order of Justice Lord Angus Glennie consolidating CFI-020-2023 (the “Lead Claim”) and CFI-061-2024 (the “Consolidated Claim”) on 24 October 2024
AND UPON hearing counsel for the Claimant, a representative of the Defendant and the Second Defendant in the Consolidated Claim at a hearing before Justice Lord Angus Glennie on 6 December 2024
IT IS HEREBY ORDERED THAT:
1. The PTA Application is dismissed.
2. The Defendant is to pay the Claimant costs for the PTA Application, to be assessed by the Registrar if not agreed by the parties.
3. The Unless and Sanctions Application is granted.
4. Unless the Defendant grants the Claimant access to the Software by no later than 4pm on 7 January 2025 (the “Grant of Access”), the Defendant’s defence shall be struck out and judgment entered in favour of the Claimant for the relief sought in the Claim Form.
5. The Defendant shall have liberty to apply in the event of difficulties in granting the Claimant access to the Software.
6. The time for the parties to file and serve any Expert Reports shall be extended to within 14 days of the Grant of Access (the “Deadline to File Expert Reports”).
7. The time for the parties to file and serve any Supplemental Expert Reports shall be extended to within 14 days of the Deadline to File Expert Reports.
8. The Registry shall, upon the Defendant’s compliance with paragraph 4 above, revise the timeline set out in the Case Management Order, dated 10 May 2024, and re-schedule the Trial accordingly.
9. The Defendant shall pay the Claimant’s costs for the Unless and Sanctions Application, to be assessed by the Registrar if not agreed by the parties.
Issued by:
Hayley Norton
Assistant Registrar
Date of issue: 9 December 2024
At: 8am