November 14, 2023 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 Order with reasons of Justice Wayne Martin dated 3 November 2021 dismissing the First Defendant’s jurisdiction challenge with respect to the claim brought by the First Claimant against it (the “Jurisdiction Judgment”)
AND UPON the First Defendant’s Application No. CFI-041-2021/7 dated 17 November 2021 seeking an extension of time to file its Acknowledgement of Service until the determination of the permission to appeal application and the First Defendant’s Appeal Notice dated 24 November 2021 seeking permission to appeal the Jurisdiction Judgmen
AND UPON the Order with reasons of Justice Wayne Martin dated 22 December 2021 extending the time for the First Defendant to file its Acknowledgment of Service until determination of the First Defendant’s permission to appeal application by the Court of First Instance or the Court of Appeal (if applicable) and, if permission is granted, the appeal itself
AND UPON the parties agreeing to a stay of the claims against the First and Third Defendants on the terms set out in the Consent Order dated 19 January 2022 (the “Consent Order dated 19 January 2022”)
AND UPON the Claimant’s Application No. CFI-041-2021/8 dated 24 April 2023 seeking to set aside the Consent Order dated 19 January 2022 (the “Application dated 24 April 2023”)
AND UPON the Order of Justice Wayne Martin dated 8 September 2023 setting aside paragraphs 1 and 2 of the Consent Order dated 19 January 2022
AND UPON the Order with reasons of Justice Wayne Martin dated 2 November 2023 refusing the First Defendant’s application for permission to appeal the Jurisdiction Judgment
AND UPON the First Defendant indicating its intention to make a further permission to appeal application to the Court of Appeal pursuant to RDC Rule 44.9 (the “Renewed Permission to Appeal Application”)
IT IS HEREBY ORDERED BY CONSENT THAT
1. The time for the filing of a Defence by the Third Defendant is extended until the time for service of the First Defendant’s Defence or further order of the Court.
2. There shall be no order as to costs.
3. The parties shall have liberty to apply.
Issued by:
Delvin Sumo
Assistant Registrar
Date of issue: 14 November 2023
At: 9am