August 02, 2023 COURT OF FIRST INSTANCE - ORDERS
Claim No: CFI 050/2023
IN THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
LXT REAL ESTATE BROKER LLC
Claimant / Applicant
and
SIR REAL ESTATE LLC (FORMERLY LUXHABITAT REAL ESTATE L.L.C)
Defendant / Respondent
ORDER OF JUSTICE ROBERT FRENCH
UPON the Part 8 Claim Form dated 20 July 2023 and amended on 26 July 2023
AND UPON the Claimant’s Urgent Application No. CFI-050-2023/1 dated 20 July 2023 seeking injunctive relief (the “Application for Interim Relief”)
AND UPON the Orders of Justice Robert French dated 24 July 2023 (as amended and re-issued on 26 July 2023) and 28 July 2023
AND UPON the Court reading the evidence filed by the Claimant and accepting the undertakings by the Claimant set out in Schedule 1 of this Order and the interim undertakings of the Defendant set out in Schedule 2 of this Order
IT IS ORDERED BY CONSENT THAT:
1. The hearing of this matter listed for 1pm GST on 1 August 2023 is adjourned and a further hearing of the Application for Interim Relief on notice to the Defendant is hereby fixed at 10am GST on 22 September 2023 with a time estimate of 3 hours (the “Return Date”).
2. The Defendant will file and serve its evidence in response to the Application for Interim Relief by 4pm GST on 18 August 2023.
3. The Claimant will file and serve any evidence in reply by 4pm GST on 5 September 2023.
4. The Claimant shall prepare an agreed hearing bundle and file this with the Court and serve on the Defendant by 4pm GST 5 working days prior to the Return Date.
5. The parties are to exchange any skeleton arguments they would wish to rely on at the Return Date by 2pm GST 2 working days prior to the Return Date.
6. The Claimant shall prepare and file with the Court an agreed bundle of authorities by 5pm GST on the working day prior to the Return Date.
7. All costs of the proceedings are reserved for determination at the Return Date.
8. The parties shall have liberty to apply.
Issued by:
Hayley Norton
Assistant Registrar
Date of issue: 2 August 2023
At: 2pm
Schedule 1
Undertakings provided by the Claimant
1. If the DIFC Courts later find that this Order, or the making by the Defendant of the interim undertaking at Schedule 2 of this Order, has caused loss to the Defendant, and decide that the Defendant should be compensated for that loss, the Claimant will comply with any Order that the Courts may make.
2. As soon as reasonably practicable, the Claimant shall:
(1) Serve on the Defendant a notice setting out details of the Claimant’s claim against the Defendant in accordance with clause 19.1 of the Agreement between the Claimant and the Defendant dated 14 June 2020 (the “Agreement”);
(2) Thereafter, participate in any mediation arranged in accordance with clause 19.2 of the Agreement.
3. The Claimant shall not issue and serve on the Defendant a Claim Form substantially in the form produced to the Court in draft unless no resolution has been reached in accordance with clause 19.3 of the Agreement within the time set out in that clause.
Schedule 2
Interim Undertakings provided by the Defendant
1. Until the Return Date or further Order of the Court (if such an Order is made on an earlier date than the Return Date), the Defendant will preserve the status quo as at the date of this Order as regards the Defendant’s external re-branding exercise by pausing temporarily any further external re-branding steps or further external re-branding communications.
2. For the avoidance of doubt, in the event that the Return Date hearing does not take place before 29 September 2023, the Defendant shall be released from the interim undertaking at paragraph 1 above, without further Order.
COMMUNICATIONS WITH THE COURT
All communications to the DIFC Courts about this Order should be sent to the DIFC at the following email address: registry@difccourts.ae. The DIFC Registry’s other contact details are: Telephone: +971 4 427 3333; Fax: +971 4 427 3330; Address: Ground Level, Building 4 The Gate District, DIFC.