April 19, 2015 court of first instance - Orders,Orders
Claim No. CFI 030/2014
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
FIRSTRAND PROPERTY HOLDING (MIDDLE EAST) LIMITED
and
DAMAC PARK TOWERS COMPANY LIMITED
ORDER OF JUSTICE ROGER GILES
UPON considering the Defendant’s Application notice CFI-030-2014/3 dated 14January 2015
AND UPON hearing Counsel for the Claimant and Counsel for the Defendant on 5 March 2015
AND for the reasons issued on 2 April 2015
IT IS HEREBY ORDERED THAT:
1. Paragraphs 23, 25, 58 and prayer 5 of the Particulars of Claim are struck out.
2. The application is otherwise dismissed.
3. The Claimant is to file and serve Amended Particulars of Claim within 28 days of the date of issue of this Order. Such Amended Particulars of Claim:
3.1. Are to reflect paragraph 1 of this Order, above; and
3.2. By consent, the Claimant has general permission to make any further amendments to the Particulars of Claim.
4. The Defendant has general leave to file and serve an Amended Defence, such Defence is to be filed and served within 28 days of service of the Claimant’s Amended Particulars of Claim.
5. The Claimant has permission, if so advised, to file an Amended Reply, such Reply is to be filed and served within 28 days of the date of service of the Defendant’s Amended Defence.
6. The Case Management Order of H.E. Justice Shamlan Al Sawalehi is to be varied as follows:
6.1. The dates at paragraphs 6 to 17 inclusive (Production of Documents, Witness Statements and Expert Reports) is to be varied by 13 weeks.
6.2. Paragraph 18 is varied such that the progress monitoring date is the 20th September 2015.
6.3. Paragraph 19 (trial) is varied such that the trial of this matter is to take place not before the 27 September 2015, with a time estimate of 5 days.
7. The parties’ costs of the application and the costs of the amended pleadings are to be costs in the proceedings.
8. Liberty to apply.
Issued by:
Natasha Bakirci
Assistant Registrar
Date: 19 April 2015
At: 10am
