August 25, 2021 court of first instance - Orders
Claim No. CFI 080/2019
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
IGCF GENERAL PARTNER LIMITED
Claimant
and
(1) KPMG LOWER GULF LIMITED
(2) KPMG LLP
Defendants
CONSENT ORDER
UPON the Claimant’s Part 8 Claim Form filed pursuant to RDC 28.47 and issued on 24 November 2019 (the “DIFC Court Claim”)
AND UPON the First Defendant filing a claim with the Dubai Court of First Instance on 28 November 2019 (Case No. 1717/2019 Commercial) (the “Dubai Court Claim”)
AND UPON the First Defendant filing an acknowledgment of service, issued on 12 December 2019, pursuant to which it sought to contest the jurisdiction of the DIFC Courts
AND UPON the First Defendant having made an application on 18 December 2019 to the Joint Judicial Committee (the “JJC”) established under Decree 19 of 2016 (the “Decree”) to determine whether the DIFC Courts or the Dubai Courts are competent to hear the case between the parties (Cassation No. 10/2019 Judicial Tribunal)
AND UPON this Court staying the proceedings pursuant to Article 5 of the Decree and the Court’s case management powers under RDC Rule 4.2(6) by way of the Order of H.E. Justice Shamlan Al Sawalehi dated 22 December 2019
AND UPON considering the judgment of the JJC in Cassation No. 10 of 2019 that the onshore Dubai Courts are competent to hear the case and directing the DIFC Courts to cease from hearing the case (“JJC Directive and Decision”)
AND UPON the parties having agreed by consent that the costs of the DIFC Court Claim may be assessed by way of immediate assessment, on a summary basis, instead of by detailed assessment (the “Immediate Cost Assessment”)
AND UPON the parties having agreed to the terms of this Order by consent
IT IS HEREBY ORDERED BY CONSENT THAT:
1. The DIFC Court Claim against the First Defendant is dismissed by reason of the JJC Directive and Decision.
2. The Claimant shall pay the First Defendant’s costs incurred in the DIFC Court Claim on the standard basis, such costs to be assessed if not agreed.
3. Within 14 days of the date of this Order, the Claimant may, if so advised, file and serve written submissions on the First Defendant’s Statement of Costs.
4. If so advised, the First Defendant may file and serve reply submissions no later than 7 days thereafter.
5. The Immediate Cost Assessment shall be conducted by the Registrar on the papers.
6. Liberty to apply.
Issued by:
Nour Hineidi
Registrar
Date of issue: 25 August 2021
At: 2.30pm
