June 07, 2020 court of first instance - Orders
Claim No: CFI 021/2015
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF APPEAL
BETWEEN
THERON ENTERTAINMENT LLC
and
MAG FINANCIAL SERVICES LLC
ORDER OF JUSTICE ROGER GILES
UPON the Order of Justice Roger Giles issued on 21 May 2020
AND UPON reviewing the Claimant’s submissions on costs filed on 31 May 2020
AND UPON the Amended Order of Justice Roger Giles issued on 2 June 2020
AND UPON reviewing all documents recorded on the Court file
IT IS HERBY ORDERED THAT:
1. In the judgment issued on 21 May 2020 I made no order as to costs, but gave liberty to apply. Theron has applied. MAG has not.
2. Theron was not legally represented. In the judgment I indicated a then view that, even if Theron had been legally represented, it should not recover costs. Theron has submitted that it should receive limited costs, at one point saying the costs of submissions responding to MAG’s Reply in Evidence and at another point saying also the costs of serving the Application Notice. An extraordinary 45 hours at AED 500 per hour is put forward for the amount of costs.
3. It is not necessary to consider whether an unrepresented party can recover costs, or the suggested amount beyond saying that, if Theron can recover costs, it is wholly unreasonable. Having considered Theron’s submissions, I remain of the view indicated in the judgment. Theron succeeded as to only one of three items, albeit the major one in amount, and as to that item obtained approximately half the claimed amount. Its failure was due to a fundamental flaw in its claim. That MAG’s submissions scarcely contributed to its (MAG’s) partial success does not, as the submissions seem to suggest, work in Theron’s favour. Responding to MAG’s Reply in Evidence and any difficulties encountered in serving MAG do not warrant an order more favourable to Theron.
4. I take the opportunity to record that Theron has pointed out a calculation error in the figure of AED 614,104.75 in the judgment. The correct figure is AED 789,643.50. I have ordered that the judgment be varied accordingly.
5. I decline to vary the order that there be no order as to costs.
6. Liberty to apply in relation to costs by filing a written submission of not more than two pages within seven days from the date of the issuance of the original Order, being 21 May 2020.
Issued by:
Nour Hineidi
Date of issue: 7 June 2020
At: 1pm
