February 21, 2022 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
Defendant
ORDER OF THE REGISTRAR NOUR HINEIDI
UPON reviewing the First Defendant’s Statement of Costs dated 8 July 2021 ( “Statement of Costs”)
AND UPON considering the Consent Order as between the Claimant and the First Defendant dated 25 August 2021 ( “Consent Order”)
AND UPON reviewing the Claimant’s submission in response to the First Defendant’s Statement of Costs filed on 8 September 2021 ( “Claimant’s Response”)
AND UPON reviewing the First Defendant’s reply to the Claimant’s Response filed on 16 September 2021
IT IS HEREBY ORDERED THAT:
1. The Claimant shall pay the First Defendant’s costs in the amount of AED 167,275.32 within 14 days from the date of this order.
Issued by:
Nour Hineidi
Registrar
Date of issue: 21 February 2022
At: 3pm
SCHEDULE OF REASONS
1. These are my brief reasons for this order.
2. The parties agreed the Consent Order some 6 weeks after the First Defendant filed its Statement of Costs.
3. In entering into the Consent Order, the Claimant was aware of the quantum of costs claimed by the First Defendant.
4. In the absence of an order (or agreement) that one party shall pay the other party’s costs on the indemnity basis (see Rule 38.20(1) of the Rules of the DIFC Court (“RDC”)), it follows that costs will be assessed on the standard basis.
5. Given that the basis of my assessment was immediate and not detailed, I have applied the factors set out at RDC r.38.21 to broadly arrive to a fair and reasonable assessment of the First Defendant’s costs.
6. The First Defendant claimed a total of AED 209.094.16 in costs. A fair assessment, in my view, was to grant the First Defendant 80% of its costs, having regard to the reasonableness and proportionality of costs incurred as against the complexity of this claim.
7. On this basis, 80% of AED 209,094.16 is AED 167,275.32.
