November 14, 2024 COURT OF FIRST INSTANCE - ORDERS
Claim No. CFI 044/2023
IN THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
PERRIDON HOLDINGS LIMITED
Claimant
and
RAFIQ GHASSAN RAFIQ SHABIB
Defendant
ORDER OF ASSISTANT REGISTRAR HAYLEY NORTON
UPON the Part 7 Claim Form dated 26 June 2023 (the “Claim”)
AND UPON the Default Judgment of H.E. Nassir Al Nasser dated 9 August 2023 (the “Default Judgment”)
AND UPON the Defendant’s Application No. CFI-044-2023/1 dated 4 October 2023 seeking to set aside the Default Judgment (the “Set Aside Application”)
AND UPON the Order of H.E. Justice Nassir Al Nasser dated 8 November 2023 granting the Set Aside Application and ordering costs in the case (the “Set Aside Order”)
AND UPON the Defendant’s Application No. CFI-044-2023/2 dated 14 December 2023 seeking a retrospective extension of time to file his defence (the “Extension Application”)
AND UPON the Order of H.E. Nassir Al Nasser dated 25 March 2024 granting the Extension Application and ordering costs in the case (the “Extension Order”)
AND UPON the Defendant’s Application No. CFI-044-2023/3 dated 12 August 2024 with regards to alleged unpaid employment entitlements and visa cancellation (the “Alleged Employment Entitlements Application”)
AND UPON the Defendant’s failure to serve the Alleged Employment Entitlements Application upon the Claimant
AND UPON the Defendant’s Application No. CFI-044-2023/5 dated 9 October 2024 seeking permission to rely on witness evidence (the “Witness Evidence Application”)
AND UPON the Claimant filing a Notice of Discontinuance dated 17 October 2024
AND UPON reviewing Rule 34.15 of the Rules of the DIFC Courts
AND UPON reviewing the parties’ email submissions dated 1 and 4 November 2024
IT IS HEREBY ORDERED THAT:
1. This Claim is discontinued.
2. The Claimant shall within 14 days from the date of this Order pay the Defendant’s costs in the amount of USD 900, comprising:
(a) the sum of USD 300 being the filing fee for the Set Aside Application;
(b) the sum of USD 300 being the filing fee for the Extension Application; and
(c) the sum of USD 300 being the filing fee for the Witness Evidence Application.
3. The Defendant shall bear his own costs of the Alleged Employment Entitlements Application.
Issued by:
Hayley Norton
Assistant Registrar
Date: 14 November 2024
At: 2pm