March 28, 2024 court of first instance - Orders
Claim No. CFI 028/2021
IN THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
(1) FIVE HOLDING LIMITED
(2) FIVE HOTEL FZE
Claimants
and
QATAR INSURANCE COMPANY
Defendant
CONSENT ORDER
UPON the Claim Form in proceedings CFI-028-2021 (the “Proceedings”) being issued on 21 February 2021
AND UPON the default judgment order in the Proceedings dated 14 March 2021 including an order for legal costs (the “Default Judgment”)
AND UPON the claims filed by the Claimants before the Courts of Dubai in Cases Nos. 21/2021 plenary civil
AND UPON the Defendant filing an application to the Joint Judicial Committee on 25 March 2021 (Cassation No. 6/2021 (JT), the “JJC Application”)
AND UPON the Orders of H.E. Justice Omar Al Muhairi dated 14 April 2021 staying the Proceedings pending the decision of the Joint Judicial Committee in the JJC Applications
AND UPON the Order of Justice Wayne Martin dated 4 August 2021 dismissing the Claimants’ applications dated 18 May 2021 to lift the stay imposed by H.E. Justice Omar Al Muhairi and awarding the Defendants their legal costs (the “Costs Order of Justice Martin”)
AND UPON the Orders of Registrar Nour Hineidi dated 13 September 2021 (the “Registrar’s Costs Order”) directing the Defendant to pay AED 82,942.50 into Court being 50% of the total amount claimed by the Claimants for legal costs on obtaining the Default Judgment
AND UPON the Decision and Order of the Joint Judicial Committee in Cassation No. 6/2021 (JT)
(a) allowing the Claimants’ applications;
(b) finding that the Dubai Courts are the competent courts to determine the matters in issue in Case no. 21/2021 plenary civil; and
(c) directing the DIFC Courts to cease interfering with the Proceedings
IT IS HEREBY ORDERED BY CONSENT THAT:
1. The Default Judgment is set aside
2. The costs orders contained in the Default Judgment are set aside.
3. The Registrar’s Costs Order is vacated.
4. The Proceedings are dismissed.
5. In addition to the costs to be paid to the Defendant pursuant to the Costs Order of Justice Martin dated 4 August 2021 (“Order”), which stands, the Claimants shall pay the Defendant the costs of and incidental to the Proceedings on the standard basis. Both the Order and the costs of and incidental to the Proceedings shall be assessed by the Registrar if not agreed.
Issued by:
Hayley Norton
Assistant Registrar
Date of Issue: 28 March 2024
At: 1pm
