October 10, 2024 COURT OF FIRST INSTANCE - ORDERS
Claim No: CFI 079/2023
IN THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
(1) THAMER ABDULAZIZ ALBULAIHID
(2) MOUSTAFA EL SAYED ABDULGHANI EL SHAFAEI
Claimants
and
(1) NASSER SHEHATA
(2) HEALTH INSIGHTS FZ-LLC
(3) HEALTH INSIGHTS ASIA (L) BHD
Defendants
ORDER OF JUSTICE RENE LE MIERE
UPON the Order of Justice Rene Le Miere dated 12 July 2024 (the “12 July Order”)
AND UPON the Third Defendant’s Application No. CFI-079-2023/3 dated 25 July 2024 challenging the jurisdiction of the DIFC Courts (the “Jurisdiction Application”)
AND UPON the First Defendant’s Application No. CFI-079-2023/4 dated 16 August 2024 seeking an order setting aside, varying or staying the Order of H.E. Justice Nassir Al Nasser issued on 10 July 2024 in ENF- 143-2024 (the “Set Aside Application”)
AND UPON the Court having listed a hearing on 18 September 2024, which hearing was subsequently adjourned to 1 October 2024, to determine: (i) the Jurisdiction Application; (ii) case management directions; and (iii) the Set Aside Application
AND UPON hearing Counsel for the Claimant and Counsel for the First Defendant and Third Defendant at the Case Management Conference and Jurisdiction Application hearing held on 1 October 2024 (the “Hearing”)
AND UPON there being insufficient time to hear the Set Aside Application at the Hearing
IT IS HEREBY ORDERED THAT:
Adjournment of Set Aside Application
1. The Set Aside Application is adjourned. The parties shall provide their respective dates of availability to the Registry within 7 days of the date of this Order for the purpose of relisting the Set Aside Application.
Case management directions
2. The parties shall comply with the following case management directions. Insofar as necessary, the case management directions contained in the 12 July Order are varied.
3. The Defendants shall file and serve any Reply to Defence to Counterclaim and any supporting documents by 4pm (GST) on 15 October 2024.
4. Standard production of documents shall be given by each party by 4pm (GST) on 5 November 2024.
5. The parties shall file and serve any Requests to Produce by 4pm (GST) on 19 November 2024.
6. The parties shall file and serve any Objections to Requests to Produce by 4pm (GST) on 3 December 2024.
7. If a party is not satisfied with the Objections to any Requests to Produce, it may apply to the Court for a Document Production Order pursuant to RDC Part 23. The usual timelines under RDC Part 23, for progression of such an application, will apply.
8. Where a Document Production Order has been made, the parties shall comply with the terms therein within 14 days of the date of the Order.
9. Where there are no objections to a request contained within a Request to Produce, or the entirety of that Request to Produce, the responsive document(s) shall be produced by 4pm (GST) on 10 December 2024.
10. The parties shall file and serve signed witness statements and hearsay notices where required by the RDC by 4pm (GST) on 28 January 2025.
11. The parties shall file and serve any reply witness statements by 4pm (GST) on 25 February 2025.
12. The Claimants and the Defendants have permission pursuant to RDC 31.13 to adduce evidence from one expert witness each in the field of forensic accountancy in relation to the quantum of an account pursuant to Regulation 79.6 of the Dubai Creative Clusters Private Companies Regulations 2016.
13. The parties shall file and serve any expert reports by 4pm (GST) on 1 April 2025.
14. The parties shall file and serve any supplemental expert reports by 4pm (GST) on 6 May 2025.
15. The experts shall hold a joint meeting and file any joint memorandum recording the matters set out in RDC 31.63 by 4pm (GST) on 27 May 2025.
16. A pre-trial review shall be listed to take place no later than 4 weeks before the trial date.
17. The Claimants shall file and serve agreed trial bundles in accordance with RDC Part 35 no later than 6 weeks before the trial date.
18. A single agreed reading list for the trial, approved by all parties’ legal representatives, shall be filed by the Claimants no later than 5 clear days before the trial, with an estimate of time required for reading.
19. The Claimants and the Defendants shall file and serve skeleton arguments no later than 5 clear days before the trial.
20. The Claimants shall file an agreed chronology of significant events cross-referenced to the documents in the bundle no later than 5 clear days before the trial. In the event that there is disagreement, this is to be set out in a single document outlining the areas of disagreement.
21. The trial shall be listed with a time estimate of 7 days. The trial shall be held in person, save that expert witnesses may attend via video link.
22. The parties shall provide their respective dates of availability to the Registry within 7 days of the date of this Order for the purpose of listing the trial.
Costs
23. The costs of this Order shall be costs in the case.
Issued by:
Delvin Sumo
Assistant Registrar
Date of issue: 10 October 2024
At: 3pm
