January 28, 2021 court of first instance - Orders
Claim No: CFI 110/2020
IN THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
REEM CAPITAL CONTRACTING LLC
Claimant
and
ELLINGTON PROPERTIES DEVELOPMENT LLC
Defendant
ORDER OF THE REGISTRAR NOUR HINEIDI
UPON the Claimant’s Part 8 claim issued on 25 November 2020 seeking judgment against the Defendant and specific performance of contract entered into in the form of a “Letter of Award” on 22 December 2016
AND UPON the question being raised by the Defendant on the suitability of the Claimant’s use of the Part 8 procedure in this case
AND UPON hearing Mr Bill Smith of Ashurst for the Claimant and Mr Matthew Page of Hadef & Partners for the Defendant at a directions hearing on 27 January 2021 (the “Hearing”)
AND UPON reading the submissions and evidence filed and recorded on the Court file
AND UPON the Court’s general case management powers set out in Part 4 of the Rules of the DIFC Court (“RDC”)
AND UPON this order and reasons for decision being handed down by the Registrar, at the Hearing, ex tempore
IT IS HEREBY ORDERED THAT:
1. To the extent it is required under the RDC, the Defendant is granted leave to bring a counterclaim against the Claimant in CFI-110-2020.
2. This case is to be transferred to a Part 7 claim and the case will proceed on the basis of the Part 7 procedure as set out in the RDC.
3. The Parties are to agree procedural timelines for the exchange of amended pleadings (if so required), by Monday, 8 February 2020.
4. Liberty to apply for truncated procedural deadlines.
5. Liberty to apply to transfer the case to the Technology and Construction Division.
6. Costs in the case.
Issued by:
Nour Hineidi
Registrar
Date of Issue: 28 January 2021
Time: 3pm
