October 21, 2024 COURT OF FIRST INSTANCE - ORDERS
Claim No: CFI 064/2022
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
UNION INSURANCE COMPANY PJSC
Claimant
and
INTERNATIONAL PRECIOUS METALS REFINERS LLC
Defendant
ORDER OF THE CHIEF JUSTICE WAYNE MARTIN
UPON the Claimant’s Part 7 Claim Form issued on 29 September 2022 (the “Claim”)
AND UPON the Defendant’s Application No. CFI-064-2022/1 dated 31 October 2022 contesting the jurisdiction of the DIFC Court's (the “Jurisdiction Challenge”)
AND UPON the Amended Claim Form issued on 2 January 2023
AND UPON the Defendant’s Application No. CFI-064-2022/3 dated 12 January 2023 to stay the Claim until the publication of the Court of Appeal judgement in Al Buhaira National Insurance Company v Horizon Energy LLC CFI-098-2021 (the “Stay Application”)
AND UPON the Order with Reasons of Justice Wayne Martin issued on 15 September 2023 dismissing the Jurisdiction Challenge and the Stay Application (the “Order”)
AND UPON the Defendant filing an Appeal Notice on 6 October 2023 seeking permission to appeal the Order (the “PTA Application”) filed with Grounds of Appeal but without an accompanying skeleton argument
AND UPON the Defendant’s Application No. CFI-064-2022/4 filed on 13 December 2023 seeking an extension of time to file the skeleton argument for the PTA Application (the “Extension Application”)
AND UPON the Order with Reasons of Justice Wayne Martin issued on 16 January 2024 dismissing the Extension Application
AND UPON the Registry’s email of 13 August 2024 directing the Claimant to file its Particulars of Claim within 14 days
AND UPON the Claimant filing Particulars of Claim on 27 August 2024
AND UPON the Claimant’s Application filed on 23 September 2024 seeking to strike out the Defendant’s PTA Application
AND UPON the Defendant filing its defence to the Claim on 25 September 2024
AND UPON the Claimant filing its Reply to Defence on 15 October 2024
AND UPON considering the Rules of the DIFC Courts
IT IS HEREBY ORDERED THAT:
1. The PTA Application is struck out pursuant to RDC 44.94.
2. The Defendant shall pay the Claimant’s costs of responding to the Appeal Notice and the Grounds of Appeal and of the application to strike out the Appeal Notice, to be assessed by the Registrar pursuant to RDC Part 40 and paid within 14 days of assessment unless agreed.
Issued by:
Hayley Norton
Assistant Registrar
Date of issue: 21 October 2024
At: 1pm
