May 04, 2016 court of first instance - Orders,Orders
Claim No: CFI 021/2015
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BEFORE H.E. JUSTICE ALI AL MADHANI
BETWEEN
THERON ENTERTAINMENT LLC
and
MAG FINANCIAL SERVICES LLC
ORDER OF H.E. JUSTICE ALI AL MADHANI
UPON reviewing the Defendant’s Application No. CFI-021-2015/7 seeking permission to amend its Defence and Counterclaim and the Defendant’s Application No. CFI-021-2015/8 seeking security over costs (the “Applications”)
AND UPON the Claimant’s Application No. CFI-021-2015/9 seeking permission for the Claimant’s Witness Igor Krayushkin to give evidence at trial by video link.
AND UPON hearing Counsel for the Claimant and Counsel for the Defendant in the Pre-trial Review and hearing of the Applications on 25 April 2016
IT IS HEREBY ORDERED THAT
1.The Claimant shall take all reasonable steps to procure that Igor Krayushkin provide his evidence in person at the trial.
2. Igor Krayushkin be permitted to present evidence at trial by video link in the event that he is unable to enter the UAE by the time of the trial for visa issues, after taking all reasonable steps to do so in accordance with the above order.
3. The Defendant has permission to amend its Defence and Counterclaim in the form agreed between the parties at the hearing.
4. The Claimant has liberty to reply to the Defendant’s Amended Defence and Counterclaim in its skeleton argument for trial and in closing submissions.
5. The Claimant provide security for the Defendant’s costs in the amount of AED300,000, after having agreed to do so, by way of payment into Court within 5 days.
6. The trial timetable is approved in the form attached, annexed hereto as Schedule A.
7. The Defendant shall file and serve its skeleton argument on the Claimant by 4pm on 5 May 2016.
8. Costs be in the case.
Issued by:
Natasha Bakirci
Assistant Registrar
Date of issue: 4 May 2016
At: 3pm