April 12, 2016 court of first instance - Orders,Orders
Claim No: CFI 030/2015
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
EMIRATES REIT (CEIC) LIMITED
and
(1) INDEX TOWER RESIDENTIAL BODY CORPORATE
First Defendant
(2) ASSOCIA MENA OWNERS ASSOCIATION SERVICES
Second Defendant
ORDER OF JUSTICE SIR DAVID STEEL
UPON hearing Counsel for the Claimant and Counsel for the Second Defendant at a hearing on 27 October 2015
AND UPON reviewing the Second Defendant’s submissions on costs dated 10 March 2016 and the Claimant’s submissions in response dated 31 March 2016
AND UPON reading the evidence recorded on the Court file
IT IS HEREBY ORDERED THAT:
The Second Defendant shall pay the Claimant’s costs of their application for an injunction.
Issued by:
Maha Almehairi
Judicial Officer
Date of Issue: 12 April 2016
At: 4pm
SCHEDULE OF REASONS
1.The Second Defendants apply to submit further evidence on the issue of costs. I refuse that application. It is not appropriate to assess its merits, a portion by reference to the outcome of the Annual General Meeting (the “AGM”) as eventually held.
2. In my judgment, it is appropriate to make an order for costs against the Second Defendants by reason of their unreasonable conduct:
(a) They were informed of the Claimant’s objection to the AGM due on 27 October 2015 by letter dated 22 October 2015. An undertaking was sought fully which it was explained that an injunction would be sought together with costs.
(b) They were also informed by that letter that the DIFC Registrar of Real Property has convened a meeting for 25 October 2015. However, they refused to attend or otherwise participate in that meeting.
(c) That application was duly served on 25 October 2015. Only when the parties attended at Courts and notice was recieved of the Registrar’s decision to postpone the AGM was the undertaking furnished.
(d) The costs of the application could and should have been avoided by reason of reasonable and proportionate attitude on their part.
