September 30, 2019 court of first instance - Orders
Claim No: CFI-048-2018
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN:
SKATTEFORVALTNINGEN (the Danish Customs and Tax Administration)
and
(1) ELYSIUM GLOBAL (DUBAI) LIMITED
(2) ELYSIUM PROPERTIES LIMITED
Defendants
CONSENT ORDER
UPON the Claimant’s claim by Claim Form issued on 2 July 2018 (“the DIFC Claim”)
AND UPON the parties agreeing the terms of this order and to the terms of the agreement contained in Schedule A to this order
BY CONSENT IT IS ORDERED THAT:
1.In this Order:
(a) “the Previous Orders” means all prior Orders in these proceedings including for the avoidance of doubt:
(i) the Search Order of Justice Sir Jeremy Cooke dated 27 June 2018, as varied by the Order of Justice Sir Jeremy Cooke dated 8 July 2018;
(ii) the Freezing Order of Justice Sir Jeremy Cooke dated 27 June 2018;
(iii) the Search Order of Justice Sir Jeremy Cooke dated 17 July 2018;
(iv) the Freezing Order of Justice Sir Jeremy Cooke dated 17 July 2018
(v) the Order of Justice Sir Jeremy Cooke dated 31 July 2018;
(vi) the Order of Justice Sir Jeremy Cooke dated 12 August 2018;
(vii) the Orders with Reasons of Justice Sir Jeremy Cooke dated 12 August 2018;
(viii) the Order with Reasons of Justice Sir Jeremy Cooke dated 27 September 2018; and
(ix) the Order of Justice Sir Jeremy Cooke dated 30 September 2018;
(x) the Order with Reasons of Justice Sir Jeremy Cooke and Clarification of Orders Pursuant to Request of the Supervising Legal Representative dated 26 December 2018; and
(xi) the Order with Reasons of Justice Sir Jeremy Cooke dated 29 January 2019.
(b) “the English High Court” means the High Court of England & Wales;
(c) “the English Courts” means the courts of England & Wales; and
(d) “the English Claim” the claim brought against Elysium Dubai and to be brought against Elysium Properties in proceedings issued by the Claimant before the English Courts in or with Claim Nos. CL-2018-000297, CL-2018-000404 and CL-2018-000590.
2. The DIFC Claim is stayed until 21 days after a decision of the English High Court on the merits of the English Claim, save that:
(a) the Previous Orders shall remain in full force and effect;
(b) the parties may apply (i) to vary or supplement the Previous DIFC Orders, or (ii) for any order in support of any civil proceedings in any other jurisdiction related to the subject matter of the English Claim; and
(c) the parties shall remain obliged to comply with all of the terms of the Previous Orders, as varied or supplemented from time to time, or any subsequent orders made by the Court.
3. If a party appeals against a decision of the English High Court on the merits of the English Claim:
(a) the stay shall continue on the terms set out in paragraph 2 of this Order until 21 days after permission to appeal is refused or the appeal is determined; and
(b) in the event a party seeks to appeal against a decision of the English Court of Appeal, the stay shall continue on the terms set out in paragraph 2 of this Order until 21 days after permission to appeal is refused or the appeal is determined.
4. Upon the termination of the stay at paragraph 2 and, if applicable, paragraph 3, of this Order, judgment shall be entered in the DIFC Claim on the same terms as any judgment entered by the English Courts and there is liberty to apply for that purpose.
5. The Defendants shall be debarred in the DIFC Claim from making any allegation of fact or law inconsistent with any finding of fact or law reached by the English Courts in the English Claim.
6. Costs are in the Claim.
Issued by:
Nour Hineidi
Date of issue:30 September 2019
At: 1pm
