November 24, 2020 Court of First Instance -Orders
Claim No. CFI 056/2020
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
(1) PINE INVESTMENTS (an exempted company with limited liability incorporated under the laws of the Cayman Islands)
(2) DR MICHAEL HASAN FAKIH
(3) DR AMAL MOAWIYA ALSHUNNAR
Claimants
and
(1) NMC HEALTH PLC (in administration) (a company incorporated under the laws of England and Wales)
(2) NMC HEALTHCARE LLC (a company incorporated under the laws of Dubai)
Defendants
CONSENT ORDER
UPON the First Defendant being placed in administration by the English High Court on 9 April 2020 and Richard Fleming, Benjamin Cairns and Mark Firmin of Alvarez & Marsal Europe LLP being appointed as joint administrators (“PLC Administrators”) (“English Administration”)
UPON the Second Defendant being continued into the Abu Dhabi General Market (“ADGM”) as NMC Healthcare LTD and an administration order being issued by the ADGM Courts on 27 September 2020 in relation to, inter alia, Second Defendant (the “Administration Order”) and Mr Benjamin Cairns and Mr Richard Fleming of Alvarez & Marsal Europe LLP being appointed joint administrators (the “ADGM Administrators”)
UPON the ADGM Administrators and PLC Administrators filing applications for recognition of the English Administration Order and the ADGM Administration Order in the DIFC Courts on 20 October 2020 under DIFC Court Claim No CFI-090-2020 and CFI-091-2020 (the “Recognition Applications”)
UPON the Recognition Applications being heard before Justice Martin in the DIFC Court on 10 November 2020, and the Judge directing, inter alia, that i) The English Administration pursuant to Part II of the Insolvency Act 1986 be recognised as foreign main proceedings in accordance with the UNCITRAL Model Law on Cross-Border Insolvency as set out in Schedule 4 of the DIFC Insolvency Law No.1 of 2019; ii) The PLC Administrators be recognised as foreign representatives; iii) The [CFI-091-2020] Order, and the automatic relief (including stays) pursuant to Article 20 of the Model Law as set out in Schedule 4 of the DIFC Insolvency Law No.1 of 2019, shall take effect from 10.35am on 10 November 2020; iv) the ADGM Administrators shall be entitled to the active assistance of the DIFC Courts in carrying out their functions as administrators
UPON the action against the First Defendant being automatically stayed as a result of the Court’s Order directing recognition of the English Administration in the DIFC Court on 10 November 2020
AND UPON the Claimants and the Second Defendant having agreed to the terms set forth herein
IT IS HEREBY ORDERED BY CONSENT THAT:
1. There will be an interim stay of this proceeding as against the Second Defendant until the end of the administration of the Second Defendant in the ADGM. The Claimants shall have liberty to apply to lift the stay as against the Second Defendant if the stay against the First Defendant is lifted by order of the Court or agreement of the PLC Administrators.
2. Liberty to apply.
3. Costs in the case.
Issued by:
Nour Hineidi
Registrar
Date of issue: 24 November 2020
At: 10am
