DIFC Courts

CFI 036/2014 Vannin Capitak Pcc Plc v (1) Mr Rafed Abdel Mohsen Bader Al Khorafi (2) Mrs Amrah Ali Abdel Latif Al Hamad (3) Mrs Alia Mohamed Sulaiman Al Rifai (4) KBH Kaanuun Limited (5) Bank Sarasin-Alpen (ME) Limited (6) Bank J. Safra Sarasin Ltd (Formerly Bank Sarasin & Co Limited)

November 19, 2015 court of first instance - Orders,Orders

Claim No: CFI-036-2014

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

 

IN THE COURT OF FIRST INSTANCE

BETWEEN

 

VANNIN CAPITAL PCC PLC

for and on behalf of protected cell – Project Ramsey

                                                                                          Claimant

and

(1) MR RAFED ABDEL MOHSEN BADER AL KHORAFI

(2) MRS AMRAH ALI ABDEL LATIF AL HAMAD

(3) MRS ALIA MOHAMED SULAIMAN AL RIFAI

(4) KBH KAANUUN LIMITED

(5) BANK SARASIN-ALPEN (ME) LIMITED

(6) BANK J. SAFRA SARASIN LTD (FORMERLY BANK SARASIN &  CO LIMITED)

Defendants

 ORDER OF REGISTRAR MARK BEER

UPON the Claimant's Notice of Commencement of Assessment of Bill of Costs dated 14 May 2015 filed pursuant to RDC Part 40

AND UPON reading the First to Third Defendants' Detailed Points of Dispute dated 4 June 2015

AND UPON reading the Claimant's Reply to Detailed Points of Dispute dated 25 June 2015

AND UPON the First to Third Defendants' application CFI-036-2014/5 dated 19 October 2015

AND UPON hearing Counsel for the Claimant and Counsel for the First to Third Defendants at a Detailed Costs Assessment hearing before the Registrar on 20 October 2015 

 IT IS HEREBY ORDERED THAT: 

  1. The First, Second and Third Defendants' application CFI-036-2014/5 is denied.

  2. The Claimant's costs claimed by way of detailed assessment of costs under RDC Part 40 are finally assessed in the amount of USD 48,721.61 pursuant to the Final Costs Certificate issued by Registrar Mark Beer on 19 November 2015.

  3. The First, Second and Third Defendants shall pay to the Claimant the sum of USD 48,721.61 within fourteen (14) days. The First, Second and Third Defendants are jointly and severally liable to pay the sum aforesaid in this paragraph.

  4. The Claimant is entitled to receive immediate payment of the amount of USD 28,749.30 paid into Court by the First, Second and Third Defendants on 14 October 2015 pursuant to the Interim Payment Order of Judicial Officer Maha Al Mehairi dated 10 September 2015 in partial payment of the sum ordered to be paid in paragraph 3 above. The balance amount payable to the Claimant pursuant to paragraph 3 above shall be paid by the First, Second and Third Defendants in accordance with said paragraph 3.

AND BY CONSENT IT IS HEREBY ORDERED THAT:

  1. The First, Second and Third Defendants irrevocably waive any and all rights of appeal or other recourse against the whole or any part of this Order or the Final Costs Certificate issued by Registrar Mark Beer on 19 November 2015.

  2. Each party to pay its own costs of the detailed assessment of costs pursuant to the Notice of Commencement of Bill of Costs dated 14 May 2015 and of the First, Second and Third Defendants' application CFI-036-2014/5 dated 19 October 2015.

 

Issued by:

Mark Beer

Registrar

Date of issue: 19 November 2015

At: 10am