July 03, 2019 court of first instance - Orders
Claim No: CFI-044-2018
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF APPEAL
BETWEEN
GRAND VALLEY GENERAL TRADING LLC
Claimant/Appellant
and
(1) GGICO SUNTECK LIMITED
(2) SUNTECK LIFESTYLES LIMITED
Defendants/Respondents
ORDER OF THE CHIEF JUSTICE ZAKI AZMI
UPON reviewing the Claimant’s/Appellant’s (hereafter the “Appellant”) Application for Permission to Appeal dated 3 April 2019 (the “Permission Application”), seeking permission to Appeal the Order of H.E. Justice Shamlan Al Sawalehi dated 13 March 2019 (the “Order”)
AND UPON reviewing the Appellant’s submissions in support of the Permission Application
AND UPON reviewing the Defendants’ /Respondents’ (hereafter the “Respondents”) submissions in opposition to the permission application
AND UPON reviewing Part 44 of the DIFC Court Rules (the “RDC”)
IT IS HEREBY ORDERED THAT:
1. Permission to Appeal the Order is granted, pursuant to Rule 44.19 (2) of the RDC, on the basis that there is a compelling reason to grant the Appeal.
2. Costs in the case.
Issued by:
Nour Hineidi
Deputy Registrar
Date of Issue: 3 July 2019
At: 3pm
SCHEDULE OF REASONS
1. I have read through the records, the submissions by all parties and I am of the opinion that there are points of law that need to be argued and decided to arrive a fair decision. These include points of law on the issue relating to service, the address where it was served, whether the Applicant has a locus standi while at the same contesting jurisdiction because of the existence of an arbitration clause etc. These to me make up compelling reasons why permission to appeal should be given.
2. I accordingly grant permission to appeal.
