DIFC Courts

CFI 026/2012 - Case Management Order

March 17, 2013 court of first instance - Orders,Orders

Claim No. CFI 026/2012

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE COURT OF FIRST INSTANCE

BEFORE JUSTICE SIR JOHN CHADWICK

BETWEEN

MUSTAFA AL HENDIClaimant
and

DUBAI AEROSPACE ENTERPRISE (DAE) LTD

Defendant

CASE MANAGEMENT ORDER OF JUSTICE SIR JOHN CHADWICK

MADE ON 16 JANUARY 2013

UPON THE APPLICATION of the Claimant dated 12 December 2012 (No. CFI-026-2012/2) for an order that unless the Defendant complies with the Order of Mr Justice David Williams dated 13 November 2012 by serving a full and proper amended response to a Claimant's revised Request for Further Information paragraphs 9.2, 13, 14, 15, 22, 23, 24, 26, 30, 33, 34 and 38 of the Defendant's defence dated 5 September 2012 be struck out

AND UPON READING the Order of 13 November 2012

AND UPON HEARING counsel for the Claimant and counsel for the Defendant

AND UPON the Defendant by counsel stating that, by way of clarification of its response to the Claimant's revised Request for Further Information, the Defendant would confirm in writing the matters set out in the Schedule hereto

THE COURT MAKES NO ORDER on the application save that:

1. If the Defendant does not confirm (as provided under paragraph (7) of the Schedule) that the phrase "embarrassing or inherently inconsistent" in paragraphs 33, 34 and 38 of the defence is not intended to add to the more specific pleading in those paragraphs, that phrase will be struck out.

 

2. The Defendant's plea in paragraph 38 of the defence as to calculation error (if not withdrawn) will be struck out unless proper particulars of the error in calculation which is alleged are given.

 

3. The Claimant has permission to make such consequential amendments (if any) to its Reply as it may be advised

 

4. Costs of the application are to be costs in the case.

Issued by:

Mark Beer

Registrar

Date of Issue: 17 March 2013

At: 10am