May 27, 2021 Technology and construction division - Orders
Claim No. TCD 002/2019
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE TECHNOLOGY AND CONSTRUCTION DIVISION
BETWEEN
DGA PROJECT MANAGEMENT SERVICES LLC
Claimant
and
AL REYAMI STEEL CONSTRUCTION
Defendant
JUSTICE SIR RICHARD FIELD’S FURTHER NOTE TO THE PARTIES
1. It seems clear from DGA’s response to my first Note that the High Level Report provided to ARSC on 17 August 2017, as distinct from the email to which it was originally attached, was not included in DGA’s evidence put before the Court. This means that DGA must apply for permission to adduce the report, in which application it must be made clear when DGA was first aware that the report was not in the e-bundle and, if it were aware of this prior to the hearing, why the Court was not told that the report was not in evidence. It is not necessary for a formal application to be made. It will be sufficient if a letter is sent to the Registry by 4.00 pm Dubai time on 30 May 2021 followed by the service of written submissions by 12 noon Dubai time on 31 May 2021.
2. If ARSC is minded to object to DGA’s application they must serve written submissions by 4.00 pm on 2 June 2021.
3. If in the event I am minded to grant the application (which remains of course an open question), it is likely that I shall permit ARSC to rely on the additional written submissions they applied to rely on after the hearing, which application was refused.
Issued by:
Nour Hineidi
Registrar
Date of issue: 27 May 2021
At: 3.30pm
