October 02, 2024 COURT OF FIRST INSTANCE - ORDERS
Claim No. CFI 085/2023
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
(1)DAIKAN DMCC
(2)SALIH ELMASCAN
Claimants
and
(1) POKE AND CO RESTAURANT LTD
(2) KHALED MOHAMED ABDEL MAGEED
(3) RANNIA EL-BASYUNI
Defendants
FINAL COST CERTIFICATE OF ASSISTANT REGISTRAR DELVIN SUMO
UPON the Order with Reasons of Justice Sir Jeremy Cooke dated 28 February 2024
AND UPON the Order with Reasons of Justice Sir Jeremy Cooke dated 23 April 2024
AND UPON the Second Claimant’s Bill of Costs dated 28 May 2024 and the Bill of Costs dated 27 February 2024 (the “Bill of Costs”) and the Notice of Commencement of Assessment of Bill of Costs dated 28 May 2024 (the “NOC”)
AND UPON the Certificate of Service dated 21 June 2024
AND UPON the First and Second Defendants’ failure to file its Points of Dispute, pursuant to Rule 40.15 of the Rules of the DIFC Court (the “RDC”), within 21 days from the date of service of the NOC
AND UPON the Second Claimant’s two requests for a Default Costs Certificate dated 20 June 2024 (the “Request”) pursuant to RDC 40.17
AND UPON the Registry’s email dated 25 June 2024 directing the Second Claimant to file and serve the Bill of Costs in accordance with the Rules of the DIFC Courts and the Practice Direction No. 5 of 2014 DIFC Courts’ Costs Regime
AND UPON the Second Claimant’s amended Bill of Costs dated 9 August 2024
AND UPON the Second Defendant’s points of dispute dated 29 August 2024 (the “Points of Dispute”)
AND UPON the Second Claimant’s further reply to the Points of Dispute dated 19 September 2024
AND UPON reviewing all other relevant case documents filed in this matter
IT IS HEREBY ORDERED THAT:
1. The Request is refused.
2. The Second Defendant shall pay the Second Claimant a total of AED 256,261.45 (“Amount 1”) within 21 days from the date of this Final Costs Certificate, comprising:
(a) AED 238,333.63 in respect of the Second Claimant’s costs in the course of these proceedings including the costs assessment proceedings; and
(b) AED 17,927.82 in respect of the fee paid by the Second Claimant for commencement of the costs assessment proceedings.
3. The First and Second Defendants shall jointly and severally pay the Second Claimant a total of AED 45,637 (“Amount 2”) within 21 days from the date of this Final Costs Certificate, comprising:
(a) AED 42,453 in respect of the Second Claimant’s costs in the course of these proceedings including the costs assessment proceedings; and
(b) AED 3,184 in respect of the fee paid by the Second Claimant for commencement of the costs assessment proceedings.
4. In the event the First and Second Defendants fails to pay Amount 1 and Amount 2 within 21 days from the date of this Final Costs Certificate, Post Judgment interest, pursuant to Practice Direction No. 4 of 2017 (Interest on Judgments), will accrue on Amount 1 and Amount 2 at the rate of 9% per annum from the end of the 21-day period stated in paragraph 1 of this Costs Certificate until the date of full payment.
Issued By:
Delvin Sumo
Assistant Registrar
Date of issue: 2 October 2024
At: 9am
