January 19, 2022 court of first instance - Orders
Claim No. CFI 041/2021
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
(1) ABRAAJ INVESTMENT MANAGEMENT LIMITED (IN OFFICIAL LIQUIDATION)
(2) ABRAAJ CAPITAL LIMITED (IN OFFICIAL LIQUIDATION)
Claimants
and
(1) KPMG LOWER GULF LIMITED
(2) KPMG (a firm)
(3) KPMG LLP
Defendants
CONSENT ORDER
UPON the First Defendant’s application to the Joint Judicial Committee (Cassation No. 8 of 2021)
AND UPON the Order with Reasons of Justice Wayne Martin dated 3 November 2021 (the “Jurisdiction Judgment”)
AND UPON the First Defendant seeking permission to appeal the Jurisdiction Judgment by way of an appeal notice dated 24 November 2021
IT IS HEREBY ORDERED BY CONSENT:
1. Until a final determination of the First Defendant’s application to the Joint Judicial Committee, Cassation No. 8 of 2021, the First Claimant’s claim against the First Defendant (including the First Defendant’s appeal of the Jurisdiction Judgment) is stayed.
2. The Second Claimant’s claim against the Third Defendant is stayed until the stay under paragraph 1 hereof is lifted.
3. The First Claimant shall have 21 days from the stay under paragraph 1 hereof being lifted to submit Respondent’s Submissions pursuant to RDC 44.14.
4. The parties shall have liberty to apply as to the implementation and timing of the terms of this Order.
Issued by:
Nour Hineidi
Registrar
Date of issue: 19 January 2022
Time: 8am
