October 07, 2021 Technology and construction division - Orders
Claim No. TCD 003/2020
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
(1) NEST INVESTMENTS HOLDING LEBANON S.A.L.
(2) JORDANIAN EXPATRIATES INVESTMENT HOLDING COMPANY
(4) GHAZI KAMEL ABDUL RAHMAN ABU NAHL
(5) JAMAL KAMEL ABDUL RAHMAN ABU NAHL
(6) TRUST COMPASS INSURANCE S.A.L.
(7) TRUST INTERNATIONAL INSURANCE COMPANY (CYPRUS) LIMITED
(8) HIS EXCELLENCY SHEIKH NASSER BIN ALI BIN SAUD AL THANI
(9) FADI GHAZI ABU NAHL
(10) HAMAD GHAZI ABU NAHL
(11) KAMEL GHAZI ABU NAHL
Claimants
and
(1) DELOITTE & TOUCHE (M.E.)
(2) JOSEPH EL FADL
Defendant
CONSENT ORDER
UPON the Judgment of Justice Sir Richard Field dated 13 June 2021 (the “Judgment”) on the trial of three preliminary issues, being the recoverability of the losses claimed by the Claimants (“Issue 1”), whether the Claimants’ claims are time-barred (“Issue 2”) and whether certain specified documents are admissible as evidence of the findings and/or matters stated in them (“Issue 3”)
AND UPON the Claimants’ application for permission to appeal against the decision on Issue 2 as set out in the Judgment on the grounds of the date on which the limitation period that applies to the Claimants’ claims started (“Ground 1”) and the limitation period which applies to all of the Claimants’ claims (“Ground 2”)
AND UPON the Order of Justice Sir Richard Field dated 13 September 2021 giving the Claimants permission to appeal on Ground 1 and refusing permission to appeal on Ground 2
AND UPON the Claimants indicating their intention to apply to the Court of Appeal for permission to appeal on Ground 2 (the “Application for Permission to Appeal”)
AND UPON the Defendants indicating their intention to file a Respondents’ Notice in relation to Issues 1 and 2 (the “Respondents’ Notice”)
IT IS HEREBY ORDERED BY CONSENT THAT:
1. The Claimants shall not be obliged to provide a time estimate for the hearing of the appeal permitted by the Order of Justice Field dated 13 September 2021 until 14 days after either (1) the date of any order determining the outcome of the Application for Permission to Appeal, or (2) the date of any order determining any of the issues set out in the Respondents' Notice, whichever is later.
2. The Defendants shall not be obliged to file the Respondents’ Notice until 21 days after the date of any order determining the outcome of the Application for Permission to Appeal.
3. No order as to costs.
Issued by:
Nour Hineidi
Registrar
Date of Issue: 7 October 2021
At: 3:30pm
