September 12, 2021 Technology and construction division - Orders
Claim No. TCD 001/2020
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
HUOBI OTC DMCC
Claimant
and
(1) TABARAK INVESTMENT CAPITAL LIMITED
(2) MR CHRISTIAN THURNER
Defendants
ORDER OF H.E. JUSTICE MAHA AL MHEIRI
UPON the Amended Case Management Order of Justice Sir Richard Field dated 22 June 2021 (the “CMC Order”)
AND UPON considering the Claimant’s request for document disclosure by the First Defendant dated 29 July 2021 (“Claimant’s Request to the First Defendant”)
AND UPON considering the Claimant’s request for document disclosure by the Second Defendant dated 29 July 2021 (“Claimant’s Request to the Second Defendant”)
AND UPON considering the First Defendant’s request for document disclosure by the Claimant dated 1 August 2021 (the “First Defendant’s Request to the Claimant”)
AND UPON considering the First Defendant’s request for document disclosure by the Second Defendant dated 1 August 2021 (the “First Defendant’s Request to the Second Defendant”)
AND UPON considering the Second Defendant’s request for document disclosure by the Claimant dated 1 August 2021 (the “Second Defendant’s Request to the Claimant”)
AND UPON considering the objection to the request for document disclosure filed by the Claimant on 8 August 2021
AND UPON considering the objection to the request for document disclosure filed by the First Defendant on 8 August 2021
AND UPON considering the objection to the request for document disclosure filed by the Second Defendant on 8 August 2021
IT IS HEREBY ORDERED THAT:
1. With respect to documents referred to in the schedule to the First Defendant’s Request to the Claimant:
(a) By 3pm on Thursday, 23 September 2021, the Claimant shall:
(i) produce Requests No. 4c, 4d, 5 and 10;
(ii) produce Request No. 4a, but may provide this document, to the extent it covers discussions about the “deal structure” in redacted form; and
(iii) provide a Statement of Truth in relation Requests No. 8 and 9.
(b) The First Defendant’s Requests No. 1, 2, 3, 4b, 6 and 7 are denied.
2. With respect to documents referred to in the schedule to the Second Defendant’s Request to the Claimant:
(a) By 3pm on Thursday, 23 September 2021, the Claimant shall:
(i) produce Requests No. 4 and 5; and
(ii) provide a Statement of Truth in relation to Requests No. 1 and 2.
(b) The Second Defendant’s Requests No. 3, 6, 7, 8, 9, 10, 11 and 12 are denied.
3. With respect to documents referred to in the schedule to the Claimant’s Request to the First Defendant:
(a) By 3pm on Thursday, 23 September 2021, the First Defendant shall:
(i) produce Request No. 6; and
(ii) provide a Statement of Truth in relation to Requests No. 2, 3, 4, 5, 8 and 9.
(b) The Claimant’s Requests No. 1 and 7 are denied.
4. With respect to documents referred to in the schedule to the Claimant’s Request to the Second Defendant:
(a) By 3pm on Thursday, 23 September 2021, the Second Defendant shall provide a Statement of Truth in relation to Requests No 1, 2, 3, 4, 5, 6 and 7.
(b) The Claimant’s Requests No. 8 and 9 are denied.
5. With respect to documents referred to in the schedule to the First Defendant’s Request to the Second Defendant:
(a) By 3pm on Thursday, 23 September 2021, the Second Defendant shall provide a Statement of Truth in relation to Requests No 1, 2, 3, 4, 5, 6 and 7.
6. Liberty to apply.
7. Costs in the case.
Issued by:
Nour Hineidi
Registrar
Date of Issue: 12 September 2021
At: 12pm
