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 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 Claimant and the First Defendant having agreed, by consent, to the dismissal of the Claimant’s DIFC Court Claim against the First Defendant (the “First Consent Order”)
AND UPON the First Consent Order having been filed with the DIFC Court Registry on 24 August 2021
AND UPON the Claimant’s DIFC Court Claim against the First Defendant remaining extant for the purpose of undertaking an Immediate Cost Assessment pursuant to the terms of the First Consent Order
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 Second Defendant is hereby dismissed.
2. As between the Claimant and the Second Defendant there shall be no order as to costs.
Issued by:
Nour Hineidi
Registrar
Date of issue: 25 August 2021
At: 2.30pm
