August 09, 2023 COURT OF FIRST INSTANCE - ORDERS
Claim No: CFI 030/2023
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
(1) SAM PRECIOUS METALS FZ-LLC
(2) SAMI RIYAD MAHMOUD ABU AHMAD
(3) ROSYSON FZE
Claimants
and
(1) M/s. SNYDER PRIME LIMITED
(2) PHOEBE LEAH TOOKER
(3) SHAKTHI CHAUHAN
Defendants
CASE MANAGEMENT ORDER OF H.E. JUSTICE, NASSIR AL NASSER
UPON reviewing the Court file
AND UPON reading the Case Management Bundle
AND UPON reviewing the Rules of the DIFC Courts (“RDC”)
AND UPON hearing Counsel for the Claimants and Counsel for the Defendants at the Case Management Conference held before H.E. Justice Nassir Al Nasser on 20 July 2023
AND UPON the Claimants and the Defendant having agreed to the terms of this Order
IT IS HEREBY ORDERED BY CONSENT THAT:
Agreed List of Issues
1. Whether the First Defendant has breached the agreed terms and conditions of the Memorandum of Understanding dated 27 March 2018 and Share Transfer Agreement dated 5 February 2020 by not providing the working capital Requirements?
(a) Whether the First Defendant’s non-compliance and failure in meeting the working capital commitment have caused Financial Losses to the First, Second and Third Claimants?
(b) Whether the First Claimant has sustained a loss of profit due to the shortfall - of 100 kg of Gold?
(c) What is the effect of signing the shareholder resolution dated 31 December 2020 and what are the obligations of the parties therefrom?
2. Whether the First Defendant has violated the decision of the General Assembly dated 19 September 2021 and 14 February 2022 by not cooperating with the liquidation procedures of the subsidiary company named M/s. Sam Precious Metals FZE, Sharjah branch?
(a) Whether the First Claimant has sustained loss due to the non-cooperation of the First Defendant in closing the Claimant’s Sharjah branch?
(b) Whether the running cost of the Sharjah Branch affected the profit of the First Claimant?
3. Whether the Second and Third Defendant’s conduct of spreading defamatory statements to the Governmental authorities, market participants, and Clients/Customers of the First Claimant amounts to defamation and loss of reputation to the First, Second and Third Claimants?
(a) Whether the Second and Third Defendants are liable to pay compensation for the Reputational damage?
4. Whether the transfer of 100% Shares of the First Defendant from the Third Defendant to the Second Defendant in November 2021 and thereby, beneficial interest (UBO) of the First Defendant in the First Claimant to a third party without the unanimous consent of the other Shareholders is a violation of the Memorandum of Understanding dated 27 March 2018 and Share Transfer Agreement dated 5 February 2020?
(a) Whether the First Claimant has sustained loss due to the change in beneficial ownership (UBO) of the First Defendant without being informed about this change by the First Defendant?
(b) Whether the First, Second and Third Defendants are liable to pay compensation for the damage sustained by the First Claimant due to the change in ownership of the First Defendant as this is a violation of the agreement between the parties?
5. Whether the First, Second and Third Defendants exposed the First Claimant to legal risk under the provisions of the UAE Cabinet Decision No. 58/2020 by not updating the KYC documents and verifying the identity, despite repeated requests of the First Claimant.
6. Liability of the First, Second and Third Defendants to compensate the First, Second and Third Claimants for the loss in (1), (2), (3) & (4)?
7. Whether the First Claimant has wrongfully issued a false dividend voucher to the First Defendant for an amount of US $2.7 million?
Amendments to the Claimants’ Particulars of Claim and Defendants’ Defence (RDC Part 18)
8. The Claimants shall file their Amended Particulars of Claim by no later than 4 pm on 21 August 2023.
9. The Defendants shall file their Defence by no later than 4 pm on 18 September 2023.
Production of Documents (RDC Part 28)
10. Standard production of documents shall be made by each party by no later than 4 pm on 25 October 2023.
11. The parties shall file and serve a Request to Produce in Redfearn schedule (if any) by no later than 4pm on 8 November 2023.
12. Where there are no objections to a particular Request contained in a Request to Produce, documents responsive to that request shall be produced within 7 days from the date of the Request to Produce, and in any event by no later than 4pm on 15 November 2023.
13. Objections to Requests to Produce, if any, may be filed and served within 7 days of the date of the Request to Produce and in any event by no later than 4pm on 22 November 2023.
14. If a party is not satisfied with the objections to any Requests to Produce, it may apply to the Court for a Document Production Order immediately using the Part 23 Form (the “Document Production Application”). The usual timelines under RDC 23, for progression of such an application, will apply.
15. Once the Document Production Application is fully progressed, the matter will be put before the Court for determination.
16. The parties shall comply with the terms of any Disclosure Order and file a Document Production Statement within 7 days from the date of the Order.
Order for Justice by Reconciliation (RDC Part 27)
17. The Parties have tried to resolve the matter prior to resorting to court but have failed to reach an amicable settlement.
Witness Statements (RDC Part 29)
18. Signed statements of witnesses of fact, and hearsay notices where required by the RDC shall be exchanged within four (4) weeks following the close of the disclosure stage, and in any event by no later than 4pm on 28 December 2023.
19. Any Witness Statement evidence in reply shall be filed and served within two weeks (2) thereafter and in any event by no later than 4pm on 11 January 2024
20. Unless otherwise ordered, Witness Statements shall stand as evidence in chief of the witness at trial.
Expert Reports (RDC Part 31)
21. The Claimant shall file and serve any Expert Report(s) within four (4) weeks of the close of witness evidence, and in any event by no later than 4pm on 8 February 2024.
22. The Defendant shall file and serve any Expert Report(s) in respect of those same issues within [4] weeks thereafter, and in any event by no later than 4pm on 8 March 2024
23. Expert Reports shall be filed and served by no later than 4pm on 8 March 2024.
24. Supplemental Expert Reports shall be filed and served by no later than 4pm on 15 March 2024.
25. The DIFC Courts shall, at the Pre-Trial Review, consider what directions to give concerning a meeting and discussion between experts.
Progress Monitoring Date (RDC Part 26)
26. The Progress Monitoring Date shall be listed at 11am on 29 March 2024.
27. The parties shall file and serve a Progress Monitoring Information Sheet at least three clear days before the progress monitoring date and in any event by no later than 4pm on 25 March 2024.
Pre-Trial Review (RDC Part 26)
28. A pre-trial review shall be listed at 10am on 15 April 2024, being within the normal range of 4 to 8 weeks before trial.
Trial Bundles (RDC Part 35)
29. Agreed trial bundles shall be filed and served no later than 2 weeks before trial and in any event by no later than 4pm on 8 May 2024.
Reading List and Trial Timetable (RDC Part 35)
30. An agreed reading list for trial along with an estimate of the time required for reading and an estimated timetable for trial shall be filed with the Court by the Claimant no later than two clear days before trial and in any event by no later than 4pm on 20 May 2024.
Skeleton Argument and Chronology (RDC Part 35)
31. Skeleton Arguments and Written Opening Statements shall be filed and served two clear days before the start of trial for the Claimant and in any event by no later than 4pm on 20 May 2024 and one clear day before the start of trial for the Defendant and in any event by no later than 4pm on 21 May 2024.
32. The parties shall prepare an agreed Chronology of significant events cross-referenced to significant documents, pleadings, and witness statements which shall be filed with the Court by the Claimant by no later than 4pm on 21 May 2024. In the event that there are areas of disagreement, the Chronology shall include an agreed Chronology and a Chronology of events that are disputed, with the parties’ respective positions outlined therein.
Trial (RDC Part 35)
33. The trial of this matter shall be listed on 23 May 2024 at 10am with an estimated duration of four (4) working days.
34. Costs of the Case Management Conference shall be costs in the case.
35. The parties shall have liberty to apply.
Issued by:
Hayley Norton
Assistant Registrar
Date of issue: 9 August 2023
At: 1pm