May 23, 2021 Technology and construction division - Orders
Claim No. TCD 003/2019
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
PANTHER REAL ESTATE DEVELOPMENT LLC
Claimant/Defendant to Counterclaim
and
MODERN EXECUTIVE SYSTEMS CONTRACTING LLC
Defendant/Counterclaim Claimant
ORDER OF JUSTICE SIR RICHARD FIELD
UPON the Case Management Order of Justice Sir Richard Field dated 3 February 2021
AND UPON the Claimant’s request for the production of documents sought in its Request to Produce dated 6 April 2021
IT IS HEREBY ORDERED THAT:
1. Request 2 (a)
Production ordered. This request is proportionate and the documents relate to and are necessary for fairly determining the Defendant’s Counterclaim. It is not sufficient for the Defendant to assert that its pleaded losses will be the subject of a Delay Analysis Report.
2. Request 2 (b)
Production ordered in the absence of the Defendant’s confirmation it has no further delay documents relating to extensions upon which it proposes to rely. The request is proportionate and the documents are necessary for fairly determining the Counterclaim.
3. Request 3
Production ordered. This request is proportionate and the documents relate to and are necessary for fairly determining the Counterclaim. It is not sufficient for the Defendant to assert that its pleaded losses will be the subject of a Delay Analysis Report.
4. Request 5
Production ordered. This request is proportionate and, contrary to the assertion of the Defendant, these documents relate to and are necessary for the fair determination of the Counterclaim.
5. Request 6
Production ordered of the documents contained in categories (f), (i) and (j). The request is proportionate and the documents relate to and are necessary for the fair determination of the Counterclaim. It is not sufficient for the Defendant to assert that its pleaded losses will be the subject of expert analysis.
6. The Defendant shall comply with this Disclosure Order and file a Document Production Statement by 4pm on 6 June 2021.
Issued by:
Nour Hineidi
Registrar
Date of issue: 23 May 2021
At: 12pm
