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Claim No. TCD 001/2020

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE COURT OF FIRST INSTANCE

BETWEEN

HUOBI OTC DMCC

Claimant

and

TABARAK INVESTMENT CAPITAL LIMITED

Defendants

CONSENT ORDER

UPON the Claimant’s Application Notice dated 17 August 2020 seeking permission to amend its statement of case; add Mr Christian Thurner as a party to the Claim (the “Proposed Second Defendant”); and serve the amended statement of case on the Proposed Second Defendant by alternative service (the “Application”)

AND UPON the Defendant consenting to the proposed amendments to the Claimant’s Particulars of Claim, insofar as they affect the Defendant (including but not limited to paragraphs 29, 30(3) and the insertion of a new paragraph 27A) pursuant to Rule18.2 of the Rules of the DIFC Court

AND UPON the parties agreeing that service of the Amended Particulars of Claim shall not be effected on the Defendant until such time as the Court has addressed the remaining extant issues on the Application

AND UPON the Defendant objecting to the application for alternative service at its registered address

AND UPON the Defendant neither consenting nor objecting to the application for the addition of the Proposed Second Defendant to the proceedings

AND UPON parties agreeing that the application to add the Proposed Second Defendant and for alternative service are not suitable for agreement by consent

IT IS HEREBY ORDERED BY CONSENT:

1. Subject to the Court’s decision as to whether the Proposed Second Defendant may be added as a party to the proceedings, the Claimant has permission to amend its Particulars of Claim in the form attached to this Order.

2. The Defendant shall (if so advised) file and serve its amended Defence (on all parties) no later than 28 days after the date of service of the Amended Particulars of Claim on the Defendant.

3. The Claimant shall pay the Defendant’s reasonable costs of and associated with the Application to amend the Particulars of Claim together with the Defendant’s costs of any responsive amendments.

4. The remaining costs of the Application shall be costs in the case.

5. Liberty to apply.

Issued by:
Nour Hineidi
Deputy Registrar
Date of issue: 16 September 2020
At: 2pm