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Claim No. CFI 051/2023

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE COURT OF FIRST INSTANCE

BETWEEN

CARMON REESTRUTURA - ENGENHARIA E SERVIÇOS TÉCNICOS ESPECIAIS, (SU) LDA

Claimant

and

ANTONIO JOAO CATETE LOPES CUENDA

Defendant

ORDER OF JUSTICE WAYNE MARTIN

UPON the Part 8 Claim Form dated 20 July 2023 (the “Claim”)

AND UPON reviewing the Order of Justice Wayne Martin dated 24 July 2023 (the “Freezing Order dated 24 July 2023”)

AND UPON reviewing the Order of Justice Wayne Martin dated 7 September 2023 (together with the Freezing Order dated 24 July 2023, the “Freezing Orders”)

AND UPON the Defendant’s Application No. CFI-051-2023/2 dated 15 September 2023 contesting jurisdiction and seeking a court order that the Freezing Orders be set aside, and the Claim be dismissed (the “Application dated 15 September 2023” or the “Dismissal Application”)

AND UPON the Claimant’s Application No. CFI-051-2023/3 dated 28 September 2023 seeking permission to rely upon documents disclosed by the Defendant (the “Disclosure Application”)

AND UPON the Defendant’s Application No. CFI-051-2023/4 dated 1 November 2023 seeking an order that until the final determination of the Application dated 15 September 2023, all enforcement and execution proceedings in relation to the Orders are stayed (the “Stay Application”)

AND UPON a hearing held on 22 December 2023 with Counsel for the Claimant and Counsel for the Defendant in attendance

AND UPON reviewing all relevant material added onto the Court file

AND UPON reviewing the Rules of the DIFC Courts (the “RDC”)

IT IS HEREBY ORDERED THAT:

1. The Dismissal Application is granted, the action is dismissed and the Freezing Orders granted against the Defendant are vacated.

2. The Defendant has liberty to apply for an enquiry as to any damages which may have been suffered by reason of the grant of the Freezing Orders.

3. The Disclosure Application is dismissed.

4. No order is made in relation to the Stay Application.

5. The Claimant is ordered to pay the Defendant’s costs of the action and the Dismissal Application, the Disclosure Application and the Stay Application , fixed at USD 100,000.

6. If the costs referred to in the preceding Order are not paid within 14 days of that Order coming into effect, the Defendant has leave to enforce the Order against the security provided by the Claimant.

7. The Claimant has permission to appeal from the grant of the Dismissal Application and the dismissal of the Disclosure Application limited to grounds related to the following issues:

8. The Claimant has leave to apply to the Court of Appeal for permission to appeal from the grant of the Dismissal Application and the dismissal of the Disclosure Application on grounds relating to the question of whether the rulings of the Court of Appeal in Sandra Holding with respect to the jurisdiction of the Court to make freezing orders in support of pending foreign proceedings should not be followed because:

9. The times for filing skeleton arguments in support of the appeal the subject of Order 7 above and any application for permission pursuant to Order 8 above are extended until 22 January 2024.

10. Orders 1,2, 3 and 5 above are stayed and have no operation or effect (save for the purpose of appeals from those Orders) until the determination of any appeal from those Orders by the Court of Appeal or earlier order of the Court of Appeal lifting this stay.

11. The oral reasons given at the time orders were pronounced will be edited from the transcript and published in written form in due course.

Issued by:
Delvin Sumo
Assistant Registrar
Date of issue: 27 December 2023
Time: 9am