DIFC Courts

CFI 031/2009 - Order

May 26, 2010 court of first instance - Orders,Orders

Claim No: CFI 031/2009

THE JUDICIAL AUTHORITY OF THE DUBAI INTERNATIONAL FINANCIAL CENTRE

IN THE COURT OF FIRST INSTANCE

BETWEEN

DAVID WATERSClaimant
andRISC MENA LLCDefendant

ORDER OF H.E. JUSTICE ALI AL MADHANI MADE ON 26 MAY 2010

This claim having been called on 10 May 2010 for hearing before the Honorable Judge Ali Al Madhani

UPON hearing the Claimant's Application No. 28/2010 dated 6 April 2010 regarding permission to amend the Claim Form and obtaining immediate judgment entered against the Defendant.

UPON hearing the Defendant's Application No. 32/2010 dated 7 April 2010 seeking disallowance of the Claimant to amend the Claim Form and no immediate judgment be entered against the Defendant.

UPON hearing the Defendant's Application No. 39/2010 dated 6 May 2010 to dismiss the hearing based on the grounds that the Defendant was not notified of the hearing date by the Court.

AND UPON hearing the Claimant's and the Defendant's submissions and evidence.

IT IS ORDERED that:

1. The Claimant's Application No. 28/2010 dated 6 April 2010 regarding obtaining immediate judgment is dismissed and no immediate judgment is entered against the Defendant as the Court sees that there is a real prospect for the Defendant to successfully defend the case. Therefore, the Defendant's Application No. 32/2010 dated 7 of April 2010 in this regard is granted.

 

2. The Defendant's Application No. 39/2010 dated 6 May 2010 to dismiss the hearing based on the grounds that the Defendant was not notified by the Court of the hearing date is dismissed, as the Court finds that there was reasonable notification by the Claimant.

 

3. The Claimant is granted permission to amend the Claim Form.

 

4. The case is to be listed for hearing in the week beginning 8 August 2010 subject to confirmation by the Registry.

 

5. The parties shall convene a case management conference at the first available date but no later than 10 June 2010.

 

6. Costs are reserved.

Justice Ali Al Madhani

Date of Issue: 26 May 2010

At: 2pm