August 30, 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
ORDER OF JUSTICE SIR JEREMY COOKE
PENAL NOTICE
IF YOU, GSB CAPITAL LTD, DISOBEY THIS ORDER YOU AND YOUR DIRECTORS MAY BE HELD TO BE IN CONTEMPT OF COURT AND YOU MAY BE FINED AND HAVE YOUR ASSETS SEIZED AND THEY MAY BE IMPRISONED FINED OR HAVE THEIR ASSETS SEIZED.
ANY OTHER PERSON WHO KNOWS OF THIS ORDER AND DOES ANYTHING WHICH HELPS OR PERMITS THE RESPONDENT TO BREACH THE TERMS OF THIS ORDER MAY ALSO BE HELD TO BE IN CONTEMPT OF COURT AND MAY BE, IMPRISONED, FINED OR HAVE THEIR ASSETS SEIZED.
UPON the Applicant’s without notice application for an interim injunction dated 28 August 2023
AND UPON the Court considering the Applicant’s witness statements listed in Schedule B to this Order and the draft Claim Form
AND UPON the ex parte hearing before Justice Sir Jeremy Cooke on 30 August 2023
AND UPON the Court accepting the Applicant’s undertakings in Schedule A to this Order
IT IS ORDERED THAT:
1. There will be an inter partes hearing in respect of this Order at 12pm (GST) on 14 September 2023 (the “Return Date”) with a time estimate of one hour.
2. Until the Return Date or further order of the Court, the Respondent shall not directly or indirectly access, pass on, make use of, derive new materials from or otherwise deploy any confidential information of the Applicant as set out in Schedule C of this Order (the “Confidential Information”), which the Respondent acquired from any or all of the former employees of the Applicant as listed in Schedule C of this Order, save insofar as the Respondent is required by law to disclose the same or for the purposes of taking legal advice.
PRESERVATION ORDER
3. Until the Return Date or further order of the Court, the Respondent shall not delete, destroy, interfere or tamper with, copy, transfer or part with possession or control (otherwise than in compliance with this Order) of any document or record including meta data contained in an electronic format containing the Confidential Information set out in Schedule C.
DELIVERY UP
4. The Respondent must by 4.30pm (GST) on 7 September 2023 deliver up into the possession of the Applicant’s legal representatives to be held in escrow until the completion of any DIFC court proceedings between the parties, at the sole cost and expense of the Respondent:
4.1 all hard copies of any document in his possession or control containing Confidential Information at set out in Schedule C; and
4.2 copies of all Confidential Information of the Applicant which is in electronic format as set out in Schedule C.
WITNESS STATEMENT
5. The Respondent shall by 4.30pm (GST) on 7 September 2023 make and serve on the Applicant’s legal representatives a witness statement verified by a statement of truth:
5.1 verifying that the Respondent has made full and complete delivery up in accordance with paragraph 4; and
5.2 verifying that the Respondent has, so far as is reasonably practicable, not deleted any electronic documents and records as required by paragraph 3.
COSTS
6. The costs of this application are reserved to the Judge hearing the application on the Return Date.
VARIATION OR DISCHARGE OF THIS ORDER
7. Anyone served with or notified of this Order may apply to the Court at any time to vary or discharge this Order (or so much of it as affects that person) further to RDC 23.93 and 23.94, but they must first inform the Applicant’s legal representatives with not less than 3 business days’ notice. If any evidence is to be relied upon in support of the application, the substance of it must be communicated in writing to the Applicant’s legal representatives in advance.
8. The Respondent may carry out acts otherwise prohibited by this Order, subject to the prior written consent of the Applicant’s legal representatives, such consent not to be unreasonably withheld or delayed.
INTERPRETATION OF THIS ORDER
9. A Respondent which is not an individual which is ordered not to do something must not do it itself or by its directors, officers, partners, employees, affiliates, or agents or in any other way.
PARTIES OTHER THAN THE APPLICANT AND RESPONDENT
Effect of this order
10. It is a contempt of court for any person notified of this Order to knowingly assist in or permit a breach of this Order. Any person doing so may be referred to the Attorney General of Dubai, fined or have their assets seized.
Issued by:
Hayley Norton
Assistant Registrar
Date of issue: 30 August 2023
Time: 7pm