September 16, 2020 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
TABARAK INVESTMENT CAPITAL LIMITED
Defendants
ORDER OF JUDICIAL OFFICER NASSIR AL NASSER
UPON reviewing the Claimant’s Application Notice dated 17 August 2020 seeking permission to add a party to the Claim and to serve the added party by alternative method (the “Application”)
AND UPON reviewing all other relevant material in the case file
AND PURSUANT TO the consent filed by the Claimant and the Defendant on 3 September 2020;
IT IS HEREBY ORDERED THAT:
1. Pursuant to RDC Part 20, the Claimant is granted permission to:
(a) add Christian Thurner as a defendant to the Claim Form issued 4 March 2020; and
(b) file and serve an Amended Claim Form and Amended Particulars of Claim in the form of the drafts attached to the Application.
2. The Claimant is required to effect service of the Amended Claim Form, the Amended Particulars of Claim, and a copy of this Order on all parties to the proceedings.
3. Pursuant to RDC 20.15 and 9.31, the Claimant is granted permission to serve the Amended Claim Form and the Amended Particulars of Claim, once filed, on the Second Defendant, by the method as set out in paragraph 4 of this Order.
4. The Claimant is to serve a copy of the Amended Claim Form, the Amended Particulars of Claim and a copy of this Order, on the Second Defendant to the following address:
Unit C208
Level 2
Burj Daman
Dubai International Financial Centre
Dubai
5. 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.
6. 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.
7. The remaining costs of the Application shall be costs in the case
8. Liberty to apply.
Issued by:
Nour Hineidi
Deputy Registrar
Date of issue: 16 September 2020
At: 1pm
