November 03, 2021 court of first instance - Orders
Claim No. CFI 088/2021
IN THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
STANDARD CHARTERED BANK
Applicant
and
AHMED KAZZAZ
First Respondent/ Intended First Defendant
SHEILA KAZZAZ
Second Respondent/ Intended Second Defendant
FREEZING INJUNCTION AND PROVISION OF INFORMATION ORDER OF JUSTICE SIR JEREMY COOKE
PENAL NOTICE
IF YOU, AHMED KAZZAZ AND SHEILA KAZZAZ, DISOBEY THIS ORDER YOU MAY BE HELD TO BE IN CONTEMPT OF COURT AND MAY BE IMPRISONED, FINED, YOUR ASSETS MAY BE SEIZED, AND YOU MAY BE REFERRED TO THE ATTORNEY GENERAL OF DUBAI.
ANY OTHER PERSON WHO KNOWS OF THIS ORDER AND DOES ANYTHING WHICH HELPS OR PERMITS EITHER RESPONDENT TO BREACH THE TERMS OF THIS ORDER MAY ALSO BE HELD TO BE IN CONTEMPT OF COURT AND MAY BE IMPRISONED, FINED, MAY HAVE THEIR ASSETS SEIZED, AND MAY BE REFERRED TO THE ATTORNEY GENERAL OF DUBAI
IMPORTANT:
NOTICE TO THE RESPONDENTS
This Order prohibits you from doing the acts set out in this Order. You should read it all carefully. You are advised to seek legal advice as soon as possible. You have a right to ask the Court to vary or discharge this Order.
If you disobey this Order, you may be found to be in contempt of Court.
THIS ORDER
1. This is a worldwide Freezing Order made against Ahmed Kazzaz and Sheila Kazzaz (the “Respondents”) on 3 November 2021 by Justice Sir Jeremy Cooke on the application of Standard Chartered Bank (the “Applicant”). The Judge has read the Affidavit mentioned in Schedule A and accepted the undertakings set out in Schedule B at the end of this Order.
2. This Order was made at a hearing on 3 November 2021 without notice to the Respondents.
3. The Respondents have the right to apply to the Court to vary or discharge the Order in accordance with paragraph 15 below.
4. Unless otherwise stated, references in this Order to the “Respondent” mean all of them. This Order is effective against any Respondent on whom it is served or who is given notice of it.
WORLDWIDE FREEZING INJUNCTION
5. Until further order of the Court, the Respondents must not, without the prior written consent of the Applicant’s solicitors:
a) remove from the DIFC any of their assets which are in the DIFC up to the value of USD 1,141,040; or
b) in any way dispose of, deal with or diminish the value of any of their assets whether they are in or outside the DIFC up to the same value.
6. Paragraph 5 applies to all of the assets of the Respondents whether or not they are in their own name and whether they are solely or jointly owned. For the purpose of this Order the Respondents’ assets include any asset which they have the power, directly or indirectly, to dispose of or deal with as if it were their own. The Respondents are to be regarded as having such power if a third party holds or controls the asset in accordance with their direct or indirect instructions.
7. This prohibition includes the following assets in particular:
a) the property located at Villa 38, Frond C, Palm Jumeirah, Dubai, United Arab Emirates or the net sale proceeds after payment of any mortgages if it has been sold;
b) an apartment located at Al Basri, Building No.1, Shoreline Apartments, Palm Jumeirah, Dubai, United Arab Emirates or the net sale proceeds after payment of any mortgages if it has been sold;
c) two additional apartments in Dubai, United Arab Emirates or the net sale proceeds after payment of any mortgages if any of them have been sold;
d) land or property located in Jebel Ali or Al Awir in Dubai, United Arab Emirates or the net sale proceeds after payment of any mortgages if any of them have been sold;
e) two properties located in Cannes, France or the net sale proceeds after payment of any mortgages if any of them have been sold;
f) a property located in Paris, France or the net sale proceeds after payment of any mortgages if it has been sold;
g) a property located at 7 Westchester House, London, United Kingdom, W2 2JG or the net sale proceeds after payment of any mortgages if it has been sold;
h) three houses in Sulaimaniyah, Kurdistan Region of Iraq with property numbers 272/1910, 19/2 and 275/11 or the net sale proceeds after payment of any mortgages if any of them have been sold;
i) a shop in Sulaimaniyah, Kurdistan Region of Iraq with property number 200/19 or the net sale proceeds after payment of any mortgages if it has been sold;
j) a house in Erbil, Kurdistan Region of Iraq with property number 151/269 or the net sale proceeds after payment of any mortgages if it has been sold;
k) a building in Erbil, Kurdistan Region of Iraq, with property number 150/681 or the net sale proceeds after payment of any mortgages if it has been sold;
l) 22 plots of land in Erbil, Kurdistan Region of Iraq or the net sale proceeds after payment of any mortgages if any of them have been sold;
m) a building in Baghdad, Iraq with property number 332/203 or the net sale proceeds after payment of any mortgages if it has been sold;
n) land in Baghdad, Iraq with property number 318/2 or the net sale proceeds after payment of any mortgages if it has been sold;
o) land in Al Mada’in, Iraq with property number Jan-59 or the net sale proceeds after payment of any mortgages if it has been sold;
p) land in Basra, Iraq with property number 55/11 or the net sale proceeds after payment of any mortgages if it has been sold;
q) an apartment in Sulaimaniyah, Kurdistan Region of Iraq with property number 20/699 or the net sale proceeds after payment of any mortgages if it has been sold;
r) any shares in Al-Kar Company, KAR Motors and KAR Motors Limited, Ask One Limited, Ask Two Limited, Ask Three Limited and Financial Links Duty Free Limited;
s) a Mercedes ML 500 with vehicle registration number R 1402 or the net sale proceeds thereof;
t) a Mercedes G63 with vehicle registration number E 1402 or the net sale proceeds thereof;
u) a Mercedes GLS 580 with vehicle registration number U 1402 or the net sale proceeds thereof;
v) a Porsche Cayenne with vehicle registration number Q 1410 or the net sale proceeds thereof; and
w) a Renault Duster with vehicle registration number T 1410 or the net sale proceeds thereof.
8. If the total value free of charges or other securities (the ‘Unencumbered Value’) of the Respondent’s assets in the DIFC exceeds USD 1,141,040, the Respondent may remove any of those assets from the DIFC or may dispose of or deal with them so long as the total Unencumbered Value of the Respondent’s assets still in the DIFC remains above USD 1,141,040.
9. If the total Unencumbered Value of the Respondent’s assets in the DIFC does not exceed USD 1,141,040, the Respondent must not remove any of those assets from the DIFC and must not dispose of or deal with any of them. If the Respondent has other assets outside the DIFC, he or she may dispose of or deal with those assets outside the DIFC so long as the total Unencumbered Value of all his or her assets whether in or outside the DIFC remains above USD 1,141,040.
PROVISION OF INFORMATION
10. The Respondents must within 3 working days of service of this Order and to the best of their ability inform the Applicant’s legal representatives of all their assets worldwide exceeding USD 10,000 in value whether in their own name or not and whether solely or jointly owned, giving the value, location and details of all such assets.
11. If the provision of any of this information is likely to incriminate the Respondents, they may be entitled to refuse to provide it, but it is recommended to take legal advice before refusing to provide the information. Wrongful refusal to provide the information is contempt of court and may render the Respondents liable to be referred to the Attorney General of Dubai.
12. Within 7 working days after being served with this Order, the Respondents must swear and serve on the Applicant’s legal representatives an affidavit setting out the above information.
EXCEPTIONS TO THIS ORDER
13. The following shall operate as exceptions to this Order:
a) This Order does not prohibit each Respondent from spending USD 3,000 per week towards his or her ordinary living expenses and from spending a reasonable sum on legal advice and representation. But before spending any money, the Respondents must tell the Applicant’s legal representatives where the money is to come from. If legal advice and representation for the Respondents is funded by a third party, the Respondents must provide details of the source of funding upon receipt of any such funds or payment towards the Respondents’ legal costs.
b) The Respondents may agree with the Applicant’s legal representatives that the above spending limits should be increased or that this Order should be varied in any other respect, but any agreement must be in writing.
c) This Order will cease to have effect against a Respondent if the Respondent:
d) provides security by paying the sum of USD 1,141,040 into Court, to be held to the Order of the Court; or
e) makes provision for security in that sum by another method agreed with the Applicant’s legal representatives.
COSTS
14. The costs of this application are reserved.
VARIATION OR DISCHARGE OF THIS ORDER
15. Anyone served with or notified of this Order may apply to the Court at any time to vary or discharge this Order (or so much of it as affects that person), but they must first inform the Applicant’s legal representatives and provide them with at least 48 hours’ notice. If any evidence is to be relied upon in support of the application, the substance of it must be communicated in writing to the Applicant’s legal representatives in advance.
INTERPRETATION OF THIS ORDER
16. A Respondent who is an individual who is ordered not to do something must not do it himself/herself or in any other way. He/she must not do it through others acting on his/her behalf or on his/her instructions or with his/her encouragement.
SERVICE OF THIS ORDER
17. Permission is granted for this Order to be served on the Respondents by email on the following addresses:
a) ahmed.sarchil.kazzaz@askgrouofcompanies.com;
b) ahmed.sarchil.kazzaz@askgroupofcompanies.com;
c) ahmed.sarchil.kazzaz@googlemail.com;
d) ahmed.kazzaz@hotmail.com;
e) ahmedkazzaz@hotmail.com;
f) ahmed@kazzaz.com;
g) ak@kazzaz.com;
h) ahmed.sarchil.kazzaz@me.com;
i) sheilakdubai@hotmail.com
j) sk@leadstay.com; and
k) sheila@kazzaz.com.
PARTIES OTHER THAN THE APPLICANT AND RESPONDENT
Effect of this Order
18. It is a contempt of court for any person notified of this Order knowingly to assist in or permit a breach of this Order.
Set off by banks
19. This injunction does not prevent any bank from exercising any right of set off it may have in respect of any facility which it gave to the Respondent before it was notified of this Order.
Withdrawals by the Respondents
20. No bank need enquire as to the application or proposed application of any money withdrawn by the Respondents if the withdrawal appears to be permitted by this Order.
Persons outside the DIFC
21. Except as provided in paragraph 24 below, the terms of this Order do not affect or concern anyone outside the jurisdiction of this Court.
22. The terms of this Order will affect the following persons in a country or state outside the jurisdiction of this Court:
a) the Respondents or their officer(s) or agent(s) appointed by power of attorney;
b) any person who:
i. is subject to the jurisdiction of this Court;
ii. has been given written notice of this Order at his residence or place of business within the jurisdiction of this Court; and
iii. is able to prevent acts or omissions outside the jurisdiction of this Court which constitute or assist in a breach of the terms of this Order; and
c) any other person, only to the extent that this Order is declared enforceable by or is enforced by a court in that country or state.
Assets outside the DIFC
23. Nothing in this Order shall, in respect of assets located outside of the DIFC, prevent any third party from complying with:
a) what it reasonably believes to be its obligations, contractual or otherwise, under the laws and obligations of the jurisdiction in which those assets are situated, or under the proper law of any contract between itself and the Respondents; and
b) any orders of the courts of that jurisdiction, provided that reasonable notice of any application for such an order is given to the Applicant’s legal representatives.
EXECUTORY AND ENFORCEMENT FORMULAE
24. Under and in accordance with Article 7(2)(c) of the Judicial Authority Law, it is hereby ordered that:
Authorities must take the initiative to enforce this document and assist in implementing it even forcibly whenever requested to do so.
25. The requirement to comply with RDC 45.19 and/or 45.20 is hereby dispensed with.
NAMES AND ADDRESS OF APPLICANT’S LEGAL REPRESENTATIVES
26. The Applicant’s legal representatives are:
Al Tamimi & Company, Advocates & Legal Consultants
Dubai International Financial Centre,
Central Park Towers, Floor 7
Omlaat Street
PO Box 9275
Dubai, UAE
Reference: Muhammad Mahmood
Telephone: + 971 4 3641641
Mobile: + 971 50 528 7862
Email: m.mahmood@tamimi.com
COMMUNICATION WITH THE COURT
All communications with the DIFC Courts about this Order should be electronically sent to registry@difccourts.ae quoting case number CFI-088-2021.
Issued by:
Nour Hineidi
Registrar
Date of Issue: 3 November 2021
At: 4pm
SCHEDULE A
PLEADINGS AND AFFIDAVITS
1. The Applicant has relied on the First Affidavit of Naushid Mithani dated 27 October 2021 and Exhibit NM1.
SCHEDULE B
UNDERTAKINGS GIVEN TO THE COURT BY THE APPLICANT
1. The Applicant undertakes to issue proceedings under Part 7 of the Rules of the DIFC Courts (“RDC”) within 7 days, with certified copies of the Singapore International Commercial Court Order of Anselmo Reyes IJ dated 31 August 2020 and the Singapore Court of Appeal Judgment dated 13 July 2020 to be filed as soon as practicable.
2. If the Court later finds that this Order has caused loss to the Respondents, and decides that the Respondents should be compensated for that loss, the Applicant will comply with any order the Court may make.
3. As soon as practicable, the Applicant will serve upon the Respondents:
a) a copy of this Order;
b) copies of the witness statements or affidavits and exhibits containing the evidence relied upon by the Applicant, and any other documents provided to the Court on the making of the application;
c) the Claim Form;
d) a transcript of the hearing on 3 November 2021.
4. Anyone notified of this Order will be given a copy of it by the Applicant’s legal representatives.
5. The Applicant will pay the reasonable costs of anyone other than the Respondent which have been incurred as a result of this Order including the costs of finding out whether that person holds any of the Respondents’ assets and if the Court later finds that this Order has caused such a person loss, and decided that such person should be compensated for that loss, the Applicant will comply with any order the Court may make.
6. If this Order ceases to have effect (for example, if the Respondents provide security) the Applicant will immediately take all the reasonable steps to inform in writing anyone to whom it has given notice of this Order, or who it has reasonable grounds for supposing may act upon this Order, that it has ceased to have effect.
7. The Applicant will not without the permission of the Court seek to enforce this Order in any country outside the UAE.
8. The Applicant will not without the permission of the Court use any information obtained as a result of this Order for the purpose of any civil or criminal proceedings, either in the DIFC or in any other jurisdiction, other than this claim and the enforcement of this claim in the UAE.
