June 03, 2024 court of first instance - Orders
Claim No: CFI 046/2021
CA 007/2022
IN THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
LARA BASEM MUSA KHOURY
Claimant/Appellant
and
MASHREQ BANK PSC
Defendant/Respondent
FINAL COSTS CERTIFICATE OF THE REGISTRAR AYESHA BIN KALBAN
UPON paragraph 3 the Order of H.E. Justice Maha Al Mheiri dated 5 August 2021 ordering “costs in the case”, and paragraph 4 of the Order of Justice Lord Angus Glennie dated 29 March 2022 ordering that “the Claimant shall pay the Defendant’s costs of the claim, to be assessed by the Registrar on the standard basis if not agreed”
AND UPON paragraph 2 of the Order of Justice Lord Angus Glennie dated 29 April 2022 ordering that “the Claimant shall pay the Defendant its costs of the Permission Application, to be assessed by the Registrar on the standard basis, if not agreed”
AND UPON paragraph 2 of the Order of Chief Justice Zaki Azmi dated 7 July 2022 ordering that the “Costs of the Second Permission Application are costs in the appeal”, and paragraph 2 of the Order of the DIFC Court of Appeal dated 28 November 2022 ordering that “the Appellant must pay the Respondent’s costs of the appeal, to be assessed by the Registrar on the standard basis if not agreed”
AND UPON the Defendant having filed and served a Notice of Commencement of Assessment of Bill of Costs in respect of each of the above Orders (together the “Orders”) on 25 January 2024
AND UPON reviewing the Claimant’s points of dispute dated 14 February 2024 and the Defendant’s points of reply dated 7 March 2024
AND UPON hearing Mr Karl Anderson on behalf of the Defendant and Mr P V Sheheen on behalf of the Claimant at a detailed assessment hearing on 15 May 2024 (the “Detailed Assessment Hearing”)
AND UPON the Registrar Ayesha Bin Kalban dismissing the Claimant’s Application CA-007-2022/1 raised at the outset of the Detailed Assessment Hearing for an order adjourning the assessment proceedings
IT IS HEREBY ORDERED THAT:
1. The Defendant’s costs pursuant to the Orders are hereby assessed in the sums contained in the Defendant’s completed bill of costs, namely AED 488,839.23. The Claimant shall pay interest on the Defendant’s assessed costs at a rate of 9% per annum for a period of 3 months in the total sum of AED 10,998.88.
2. The Claimant shall pay the Defendant’s costs of the Detailed Assessment Hearing, immediately assessed in the sum of AED 97,674.37.
3. The Claimant shall pay the Defendant the sums set out in paragraphs 1 and 2 above by no later than 4pm (GST) on Monday, 17 June 2024.
Issued by:
Hayley Norton
Assistant Registrar
Date of issue: 3 June 2024
At: 12pm
