April 19, 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 WITH REASONS OF JUSTICE SIR JEREMY COOKE
UPON the Defendants’ Appeal Notice dated 16 December 2022 setting out its renewed application for permission to appeal the Order of Justice Sir Jeremy Cooke dated 25 November 2022 (the “Renewed Permission Application”)
AND UPON the Order of Chief Justice Zaki Azmi dated 9 February 2023 granting the Renewed Permission Application with the condition that the Appellants provide a payment into Court for the amount of USD 1,870,000
AND UPON the Defendants’ Application No. CFI-092-2021/8 dated 23 March 2023 accompanied by the witness statements of Antonios Dimitracopoulos dated 22 March 2023 seeking various declarations (the “Application”)
AND UPON reviewing the evidence in answer accompanied by the witness statement of Daniel Smith dated 6 April 2023
AND UPON reviewing the evidence in reply dated 12 April 2023
IT IS HEREBY ORDERED THAT:
1. The Application is refused.
2. The Defendants shall pay the costs of the Application to the Claimants, such costs to be the subject of assessment by the Registrar if not agreed.
Issued by:
Hayley Norton
Assistant Registrar
Date of issue: 19 April 2023
At: 9am
SCHEDULE OF REASONS
1. There is no reason or basis for any declaration to be made.
2. The Defendants remain under an obligation to pay USD 250,000 under paragraph 12(1) of the Court Order of 30 November 2021. That order has not been stayed although it is the subject of appeal.
3. The Defendants remain in contempt of Court in failing to give disclosure as ordered in the Court Order of 30 November 2021 and failing to pay the sum of USD 250,000 to the Claimants. That Order is not stayed although it is the subject of appeal.
4. The Defendants have paid sums into Court as a condition of permission to pursue their appeal against the orders of the Court of 30 November 2021 and 25 November 2022 but have not satisfied the order to pay the Claimants USD 250,000 under paragraph 12(1) of the Court Order of 30 November 2021, which remains in full force and effect.
5. As appears from paragraphs 15 and 16 of Mr Dimitracopoulos’ witness statement dated 22 March 2023, the reason for the Defendants seeking a declaration is to avoid enforcement of the obligation to pay USD 250,000 in on- shore Dubai in circumstances where the Claimants are seeking to enforce it there and where this Court has itself refused to stay its Order of 30 November 2021 and where it is enforceable in the DIFC.