November 22, 2024 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 Claimants’ Claim Form dated 29 March 2021
AND UPON KPMG Lower Gulf Limited and KPMG LLP confirming that to the best of their knowledge: (1) no partnership registered in the UAE trading under the name ‘KPMG (a firm)’ exists nor has ever existed; and (2) no entity called ‘KPMG (a firm)’ has ever provided services to the Claimants
AND UPON the Case Management Order dated 11 November 2024 (the “Case Management Order”)
IT IS HEREBY ORDERED BY CONSENT THAT:
1. The Claimants shall file a Notice of Discontinuance of its Claim against the Second Defendant and shall serve it upon the First and Third Defendants within 5 working days of the date of this Order.
2. Upon the filing and service of the Claimants’ Notice of Discontinuance provided for under paragraph 1, the proceedings against the Second Defendant under CFI-041- 2021 shall be deemed to be discontinued.
3. The Claimants shall file their Re-Amended Particulars of Claim in the form agreed by the First and Third Defendants and with re-amendments to give effect to the discontinuance of their claims against the Second Defendant by 4pm on the date 14 days following the date of filing the Notice of Discontinuance discussed in paragraph 1 above.
4. The First and Third Defendants shall file their Amended Defence and Counterclaim (with any amendments limited to those required to respond to amendments contained in the Amended Particulars of Claim and Re-Amended Particulars of Claim) by no later than 4pm on the date 14 days following the date on which the Claimants filed their ReAmended Particulars of Claim.
5. The Claimants shall file their Amended Reply and Defence to Counterclaim (if so advised, and with any amendments limited to those required to respond to amendments contained in the Amended Defence and Counterclaim) by no later than 4pm on the date 14 days following the date on which the First and Third Defendants filed their Amended Defence and Counterclaim.
6. The First and Third Defendants shall file their Amended Reply to Defence to Counterclaim (if so advised, and with any amendments limited to those required to respond to amendments contained in the Amended Reply and Defence to Counterclaim) by no later than 4pm on the date 14 days following the date on which the Claimants filed their Amended Reply and Defence to Counterclaim.
7. Paragraphs 3 to 5 of the Case Management Order shall be varied accordingly.
8. There shall be no order as to the costs of the discontinued claim against the Second Defendant under RDC 34.15. Further and per paragraph 40 of the Case Management Order, the Claimants shall pay the First and Third Defendants’ reasonable costs of and arising from any amendments occasioned by the Amended Particulars of Claim and Re-Amended Particulars of Claim. Save as aforesaid, costs are in the case.
Issued by:
Hayley Norton
Assistant Registrar
Date of issue: 22 November 2024
At: 11am
