February 22, 2023 COURT OF FIRST INSTANCE - ORDERS
Claim No. CFI 033/2022
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
WESTFORD TRADE SERVICES DMCC
Claimant
and
DUBAI INSURANCE CO PSC
Defendant
ORDER OF H.E. JUSTICE NASSIR AL NASSER
UPON reviewing the Disclosure Order of H.E. Justice Nassir Al Nasser dated 5 January 2023 (the ‘‘Disclosure Order’’)
AND UPON reviewing the Order of H.E. Justice Nassir Al Nasser dated 7 February 2023
AND UPON reviewing the Defendant’s Application Notice CFI-033-2022/3 dated 13 February 2023 seeking an order that the Claimant be compelled to comply with the Disclosure Order and for specific disclosure from the Claimant, pursuant to RDC 28.56 and/or RDC 4.2(14) (the “Application”)
AND UPON reviewing the Fourth Witness Statement of Mr. Michael Morris and Exhibit MM4, filed in support of the Application
AND UPON reviewing the Claimant’s evidence in answer to the Application dated 15 February 2023 (the ‘‘Claimant’s Reply’’)
AND UPON the Claimant having now complied with the aspects of the Disclosure Order which formed the basis of the Application
AND UPON reviewing the Defendant’s evidence in reply to the Claimant’s Reply dated 17 February 2023
IT IS HEREBY ORDERED THAT:
1. The Application is granted.
2. The Defendant shall produce the following Documents to the Claimant within 7 days of the date of this Order, i.e., by no later than 4pm on 3 March 2023:
a. In relation to Contract No. 11928:
i. Native format correspondence between any of the Claimant, Phoenix and Uno Trading in relation to the Sun Prime trade.
ii. The receivables purchase agreement entered into to fund this transaction.
iii. Native format correspondence between the parties to the receivables purchase agreement referred to in sub-paragraph 2. a. ii. above, including correspondence evidencing the negotiation and signing of that agreement.
iv. Native format correspondence between any of Uno Trading, the Claimant and Sun Prime relating to the delivery of Bills of Lading Nos. AM/YGN-CMR-03 and AM/YGN-CMR-04 dated 23 November 2019. Alternatively, if these bills of lading were delivered by hand, a copy of the covering letters with their metadata intact, showing when they were scanned and saved to the Claimant’s systems.
b. In relation to Contract Nos. 11934, 11935 and 11950:
i. Native format correspondence between any of the Claimant, Phoenix and Uno Trading in relation to these trades.
ii. The receivables purchase agreements, if any, entered into to fund these transactions. Alternatively, evidence of the payment mechanism used to pay Uno Trading.
iii. Native format correspondence between the parties to the receivables purchase agreement, if any, referred to in sub-paragraph 2. b. ii. above, including correspondence evidencing the negotiation and signing of that agreement. Alternatively, the Claimant should provide Swift payment confirmation messages.
iv. Native format correspondence between Uno Trading, the Claimant and Phoenix, in relation to the delivery of the original bills of lading in connection with each of these trades. Alternatively, if the bills of lading were delivered by hand, a copy of the covering letters with their metadata intact, showing when they were scanned and saved to the Claimant’s systems.
3. Costs shall be costs in the case.
Issued by:
Delvin Sumo
Assistant Registrar
Date of issue: 22 February 2023
At: 1pm