November 25, 2022 COURT OF FIRST INSTANCE - ORDERS
Claim No: CFI 092/2021
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
(1) SANDRA HOLDING LTD
(2) NURI MUSAED AL SALEH
Claimants
and
(1) FAWZI MUSAED AL SALEH
(2) AHMED FAWZI AL SALEH
(3) YASMINE FAWZI AL SALEH
(4) FARAH EL MERABI
Defendants
ORDER OF JUSTICE SIR JEREMY COOKE
NOTICE: YOU, THE DEFENDANTS, FAWZI MUSAED AL SALEH, AHMED FAWZI AL SALEH, YASMINE FAWZI AL SALEH, AND FARAH EL MERABI ARE IN CONTEMPT OF COURT. IF YOU DO NOT OBEY THIS ORDER, YOU MAY BE COMMITTED TO PRISON FOLLOWING A REFERENCE TO THE ATTORNEY GENERAL OF DUBAI.
This is a committal order made against the above-named Defendants, FAWZI MUSAED AL SALEH, AHMED FAWZI AL SALEH, YASMINE FAWZI AL SALEH, AND FARAH EL MERABI, (the “Committal Order”).
UPON the Claimants’ Application No. CFI-092-2021/2 dated 1 August 2022 for an order for contempt and committal against the Defendants for breach of a worldwide freezing injunction made by Justice Sir Jeremy Cooke on 10 November 2021 and continued on 25 November 2021 (and sealed on 30 November 2021) (the “Freezing Injunction”), and accompanying evidence (the “Contempt Application”)
AND UPON the Defendants’ Application No. CFI-092-2021/4 dated 24 August 2022 to, among other things, vacate the Freezing Injunction, and accompanying evidence (the “Vacation Application”)
AND UPON the Claimants’ Application No. CFI-092-2021/5 dated 1 September 2022 for an unless order requiring compliance with the Freezing Injunction as a condition for determination of the Set Aside Application, and accompanying evidence (the “Unless Order Application”)
AND UPON the matters required by Part 52 of the Rules of the DIFC Courts having been included in the Contempt Application
AND UPON the Claimants’ skeleton argument, and the Defendants’ skeleton argument, including Attachment A on the issue of jurisdiction (“Attachment A”)
AND UPON hearing Counsel for the Claimants and Counsel for the Defendants at a hearing before Justice Sir Jeremy Cooke on 22 and 23 November 2022 (the “Hearing”)
AND UPON the Defendants’ Counsel orally applying for permission to appeal the Court’s decision on the Contempt Application and Vacation Application at the Hearing (the “Permission Application”)
IT IS HEREBY ORDERED THAT:
1. The Contempt Application is granted.
2. Each of the Defendants is found (i) to be in contempt of Court by breaching the Freezing Injunction in the manner stated in the Contempt Application; and (ii) to have failed to purge that contempt and (iii) to be in continuing contempt in continuing to fail to comply with the Freezing Injunction as aforesaid.
3. The Court is prepared to hear arguments at the hearing in respect of the Court’s jurisdiction/power to make the Freezing Order, as set out in Attachment A of the Defendants’ Skeleton Argument, but will not entertain other submissions outside those in Attachment A before the contempt is purged.
4. Further to Rule 52.37(3) of the Rules of the DIFC Courts, the following Defendants shall pay the following fines to the DIFC Court by 4pm on 21 December 2022:
(a) The First Defendant shall pay a fine of USD 400,000.
(b) The Second Defendant shall pay a fine of USD 400,000.
(c) The Third Defendant shall pay a fine of USD 10,000.
(d) The Fourth Defendant shall pay a fine of USD 10,000.
For the sake of clarification, the obligation to pay the above fines is individual, not several.
5. The First Defendant and Second Defendant shall be referred to the Attorney General of Dubai for his review and consideration of committal and contempt of Court, as permitted by Rule 52.37(1) of the Rules of the DIFC Courts.
6. The Defendants’ Vacation Application is dismissed.
7. The Defendants’ Permission Application is denied.
8. The Defendants shall pay the Claimants’ costs of and occasioned by the Contempt Application, the Unless Order Application, and the Vacation Application on an indemnity basis to be assessed by way of detailed assessment, if not agreed.
9. The Defendants shall pay the Claimants USD 400,000 by way of interim payment on the above costs set out in paragraph 8 above by 4pm on 21 December 2022.
10. Paragraph 5 of this Committal Order is suspended and will not become effective if, by 4pm on 21 December 2022:
(a) Each of the Defendants comply with the Freezing Injunction and purges his/her contempt to the satisfaction of the Court, including by:
(i) paying the Claimants USD 250,000 (in total), as required by the Freezing Injunction.
(ii) swearing and serving on the Claimants’ lawyers, an affidavit setting out to, the best of each Defendant’s ability, all of his or her assets worldwide exceeding USD 10,000 in value whether in his or her own name and whether solely or jointly owned, giving the value, location and details of all such assets as at 10 November 2021, what has taken place with respect to such assets following that date, and where such assets are now. The Defendants are also required to state what money has been spent on legal fees and in the ordinary course of business and where such money came from since the making of the Freezing Injunction.
(b) Each Defendant undertakes in his/her affidavit to comply with the Freezing Injunction going forward.
(c) The First Defendant pays the fine of USD 400,000 to the DIFC Court, as ordered by paragraph 4 above.
(d) The Second Defendant pays the fine of USD 400,000 to the DIFC Court, as ordered by paragraph 4 above.
(e) The Third Defendant pays the fine of USD 10,000 to the DIFC Court, as ordered by paragraph 4 above.
(f) The Fourth Defendant pays the fine of USD 10,000 to the DIFC Court, as ordered by paragraph 4 above.
(g) The Defendants pay the costs of USD 400,000 to the Claimants, as ordered by paragraph 9 above.
11. This Committal Order may be served in accordance with the order of the Court dated 4 August 2022.
COMMUNICATIONS WITH THE COURT
All communications to the Court about this Order should be sent to the DIFC at the following email address: registry@difccourts.ae. The DIFC Registry’s other contact details are: Telephone: +971 4 427 3333; Fax: +971 4 427 3330; Address: Ground Level, Building 4 The Gate District, DIFC.
Issued by:
Delvin Sumo
Assistant Registrar
Date of Issue: 25 November 2022
At: 4pm
