February 09, 2023 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/Respondents
and
(1) FAWZI MUSAED AL SALEH
(2) AHMED FAWZI AL SALEH
(3) YASMINE FAWZI AL SALEH
(4) FARAH EL MERABI
Defendants/Appellants
ORDER OF CHIEF JUSTICE ZAKI AZMI
UPON the order of Justice Sir Jeremy Cooke dated 25 November 2022, and the worldwide freezing order made against the Defendants on 10 November 2021 and continued on 25 November 2021 (the “Order dated 30 November 2021”), all of which remain in full force and effect
AND UPON the Order of Justice Sir Jeremy Cooke dated 25 November 2022 granting the Contempt Order and dismissing both the Vacation Order and the First Permission Application (the “Order dated 25 November 2022”)
AND UPON the Appellants’ Second Application for Permission to Appeal the Order dated 16 December 2022 (the “Second Application for Permission”)
AND UPON the Respondents’ Application for an Unless Order dated 13 January 2023 (the “Unless Order Application”)
AND UPON the Appellants’ Application dated 11 January 2023 seeking permission to serve a skeleton argument exceeding 25 pages (the “Skeleton Argument Application”)
AND UPON hearing Counsel for the Appellants and Counsel for the Respondents on 6 February 2023
IT IS HEREBY ORDERED THAT:
1. The Second Application for Permission is granted.
2. As a condition of pursuing their appeal, the Appellants must by 4pm on 6 March 2023 provide a payment into Court for the amount of USD 1,870,000 (the “Amount”)
3. The Amount comprises:
3.1. The sum of USD 250,000 payable under paragraph 12(1) of the Order dated 30 November 2021;
3.2. The sum of USD 820,000 in respect of the fines levied by paragraph 10 of the Order dated 25 November 2022;
3.3. The sum of USD 400,000 payable on account of the Claimants’ costs under paragraph 9 of the Order dated 25 November 2022; and
3.4. The sum of USD 400,000 on account of the Claimants’ costs of the Appeal.
4. The sums paid into Court pursuant to paragraph 2 above shall be held until further Order of the Court following the Appeal.
5. The Appeal shall be listed upon compliance with paragraph 2 above.
6. The Skeleton Argument Application is granted.
7. Costs of the Second Permission Application, the Skeleton Argument Application and the Unless Order Application shall be costs in the Appeal.
Issued by:
Hayley Norton
Assistant Registrar
Date of issue: 9 February 2023
At: 3pm