September 18, 2023 COURT OF FIRST INSTANCE - ORDERS
Claim No. CFI 060/2023
IN THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
AES MIDDLE EAST INSURANCE BROKER LLC
Claimant/Applicant
and
GSB CAPITAL LTD
Defendant/Respondent
CONSENT ORDER
UPON the Claimant’s ex parte Urgent Application No. CFI-060-2023/1 dated 28 August 2023 for an interim injunction
AND UPON the ex parte hearing before Justice Sir Jeremy Cooke on 30 August 2023
AND UPON the Court considering the Applicant’s witness statements listed in Schedule B of the Order of Justice Sir Jeremy Cooke dated 30 August 2023 (the “30 August 2023 Order”)
AND UPON the Court accepting the Applicant’s undertakings in Schedule A to the 30 August 2023 Order
AND UPON the Court considering the Respondent’s witness statement dated 7 September 2023
AND UPON the inter partes return hearing held before me on 14 September 2023
IT IS ORDERED BY CONSENT THAT:
1. Claims CFI-060-2023 and CFI-063-2023 are consolidated, and the claims shall proceed under case number CFI-060-2023.
2. The Defendant shall notify the Claimant and the Registry whether it intends to apply to set aside the 30 August 2023 Order by no later than 4pm on 18 September 2023.
3. The Defendant shall respond to the Claimant regarding its alleged non-compliance with the 30 August 2023 Order by no later than 4pm on 20 September 2023.
4. The Parties shall write to the Registry providing an update regarding their respective positions on any alleged non-compliance with the 30 August 2023 Order by no later than 4pm on 21 September 2023.
5. In the event that an application to set aside the 30 August 2023 Order is made by the Defendant, the application and any evidence relied upon in support shall be filed by no later than 4pm on 2 October 2023 (the “Set Aside Application”).
6. The Evidence in answer to the Set Aside Application shall be filed by the Claimant by no later than 4pm on 16 October 2023.
7. The Evidence in Reply to the Set Aside Application shall be filed by the Defendant by no later than 4pm on 23 October 2023.
8. A hearing of the Set Aside Application shall be listed at the earliest convenient date thereafter.
9. Costs shall remain costs in the case.
Issued by:
Delvin Sumo
Assistant Registrar
Date of issue: 18 September 2023
At: 9am