December 15, 2016 court of first instance - Orders,Orders
Claim No. CFI 032/2014
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
IN THE MATTER OF THE REGULATORY LAW (NO. 1 OF 2004)
IN THE MATTER OF THE DIFC INSOLVENCY LAW (NO. 3 OF 2009)
BETWEEN
THE DUBAI FINANCIAL SERVICES AUTHORITY
and
ES BANKERS (DUBAI) LIMITED
ORDER OF DEPUTY CHIEF JUSTICE SIR DAVID STEEL
UPON reviewing Application Notice CFI-032-2016/24 dated 28 November 2016 of the Joint Liquidators of ES Bankers (Dubai) Limited (in liquidation) ("ESBD")
AND UPON reading the evidence
AND UPON hearing Counsel for the Joint Liquidators of ESBD on 14 December 2016
IT IS HEREBY ORDERED THAT:
1.Pursuant to Article 71 of the DIFC Insolvency Law (DIFC Law No. 3 of 2009)(the "Law"), the Joint Liquidators shall be permitted to declare and distribute a further interim dividend (the "Further Interim Dividend") in the percentage and to the class of creditors further described in the seventh witness statement of Phil Bowers dated 28 November 2016, specifically to creditors whose admitted claims enjoy the ranking assigned pursuant to Rule A5.13.2(c) of the Client Money Distribution Rules appended to the Conduct of Business Rules ("COB") enacted by the Dubai Financial Services Authority ("DFSA") pursuant to its rule making power under the Regulatory Law (DIFC Law No. 1 of 2004). Such Claims are referred to in the liquidation of ESBD as "Subordinated Client Money Claims".
2. Pursuant to Article 64 of the Law, that by 4pm UAE time on 20 January 2017 (the "Bar Date") the creditors of ESBD are to prove their debts or claims in accordance with the DIFC Insolvency Regulations 2009 (together the "Regulations" and, each individually, a "Regulation"), in particular Regulations 5.16 and 5.17, failing which any creditors who do not prove their debts or claims are to be excluded (in respect of the debt(s) or claim(s) for which they failed to prove) from the Further Interim Dividend. For the avoidance of doubt:
(a) Nothing in this order shall prevent a creditor proving a debt or claim after the Bar Date or, in respect of a debt or claim so proved, from participating in any interim or final dividend declared and paid after the Further Interim Dividend or, to the extent that funds permit, any dividend paid by way of catch-up.
(b) No creditor who proves a debt or claim after the Bar Date shall be entitled to disturb the Further Interim Dividend or any previous distribution made by the Joint Liquidators, specifically any dividend paid by way of catch-up, pursuant to Regulation 5.46.5, in respect of the first interim dividend declared by the Joint Liquidators on 30 October 2015.
(c) All creditors who have proved a debt or claim as at the date of this order shall be deemed to have proved before the Bar Date.
(d) For the purpose of this order, the proof of a debt or claim on or before the Bar Date (including by the deeming provision in paragraph (c) above) shall be without prejudice to the power of the Joint Liquidators to admit or reject that debt or claim in whole or in part. The Bar Date shall operate by reference to the date of proof, not of the admission of the proof, whether in whole or in part, including after an appeal against a rejection in whole or in part by the Joint Liquidators.
3. Further or other directions as the court considers appropriate.
4. Further or other relief with liberty to apply.
5. The costs of and occasioned by this application be costs in the liquidation.
Issued by:
Natasha Bakirci
Assistant Registrar
Date of Issue: 15 December 2016
At: 4pm
