October 11, 2023 court of first instance - Orders
Claim No. CFI 062/2023
IN THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
SKATTEFORVALTNINGEN
(the Danish Customs and Tax Administration)
Claimant
and
LA TRESORERIE LIMITED
(in liquidation)
Defendant
ORDER OF JUSTICE SIR JEREMY COOKE
UPON the Claimant filing a Part 8 Claim dated 29 August 2023 seeking production of documents (the “Claim”)
AND UPON considering the Witness Statement of Damien Crosse and its exhibits
AND UPON the parties agreeing that the matter could be determined on paper without a hearing
AND UPON the Liquidator of the Defendant not objecting to the Claim
IT IS HEREBY ORDERED THAT:
Disclosure
1. The Defendant shall as soon as reasonably practicable and in any event by 4pm on 26 October 2023 serve on the Claimant’s solicitors copies of:
(a) Bank statements of the Defendant’s bank account with Deutsche Bank AG covering the period 1 January 2014 to date and which (i) record the receipt of funds under the reference “80026 Siladen” and/or (ii) record dealings with such funds; and
(b) All other documents relating to Siladen generated in the course of the Defendant’s commercial relationship with Siladen, including any “know your client” documentation.
2. If the documents referred to in paragraph 1 are not in the possession of the Defendant, the Defendant (and, if necessary, through its liquidator) must take reasonable steps to obtain those documents from Deutsche Bank AG or any other third party who, to the Defendant’s knowledge, holds documents belonging to the Defendant or any third party against whom, to the Defendant’s knowledge, the Defendant has a right to obtain documents.
3. If the documents referred to in paragraph 1 are not in the Defendant’s possession, and the Defendant is unable to obtain copies of the said documents as required under paragraph 2, the Defendant shall as soon as reasonably practicable and in any event by the date specified in paragraph 1 make and serve on the Claimant’s solicitors a witness statement explaining (to the best of the Defendant’s knowledge) why such documents are not in its possession and what steps it has taken to obtain those documents.
Use of information obtained
4. Except with the permission of the Court, the Claimant may only use the documents provided to it by the Defendant pursuant to the terms of this Order for the purposes of the proceedings before the Dubai Courts with case number Case Number 668/2020.
5. The parties shall have liberty to apply for the determination of any question or issue arising out of the operation of this Order.
6. The Claimant shall pay the Defendant’s reasonable costs of complying with this Order, to be assessed if not agreed.
7. Costs shall be reserved.
Issued by:
Hayley Norton
Assistant Registrar
Date of Issue: 11 October 2023
At: 2pm
