May 25, 2023 TECHNOLOGY AND CONSTRUCTION DIVISION - ORDERS
Claim No. TCD 003/2022
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
RAFID GOURMET INVESTMENT IN COMMERCIAL ENTERPRISES & MANAGEMENT LLC
Claimant
and
DIF INTERIOR DECORATION CO. LLC
Defendant
CONSENT ORDER
UPON the Case Management Order of H.E. Justice Nassir Al Nasser dated 24 November 2023 (the “CMC Order”)
AND UPON the Claimant’s Application No. TCD-003-2022/1 causing the parties to miss the Progress Monitoring Hearing that had been scheduled in the CMC Order to occur on 12 April 2023
AND UPON the Registry rescheduling the date for the commencement of the Trial from 5 June 2023 to 10 July 2023
AND UPON the agreement of the Claimant and the Defendant
IT IS HEREBY ORDERED BY CONSENT THAT:
1. Orders 10 and 11 of the CMC Order shall be amended to read as follows:
“Progress Monitoring Date (RDC Part 26)
10. This matter will proceed without a Progress Monitoring Date.
11. Not used.”
2. Order 12 of the CMC Order shall be amended to read as follows:
“Chronology (RDC Part 35)
12. The parties shall prepare an agreed Chronology of significant events cross-referenced to significant documents, pleadings and witness statements which shall be filed with the Court by the Claimant by no later than 4pm on Monday, 12 June 2023. In the event that there are areas of disagreement, the Chronology shall include an agreed Chronology and a Chronology of events which are disputed, with the parties’ respective positions outlined therein.”
3. Order 13 of the CMC Order shall be amended to read as follows:
“Trial Bundles (RDC Part 35)
13. The agreed trial bundle (“Bundle”) shall be filed and served by Tuesday, 13 June 2023, save for the Skeleton Arguments, which shall be added to the Bundle by the Claimant, not less than one week prior to the Trial.”
4. Order 15 of the CMC Order shall be amended to read as follows:
“Skeleton Argument (RDC Part 35)
15. Skeleton Arguments shall be filed and exchanged simultaneously by 4pm on Monday, 19 June 2023.”
5. Order 16 of the CMC Order shall be amended to read as follows:
“Reading List and Trial Timetable (RDC Part 35)
16. An agreed reading list for trial along with an estimate of time required for reading and an estimated timetable for trial shall be filed with the Court by the Claimant, no later than 4pm on Wednesday, 21 June 2023.”
6. Order 14 of the CMC Orders shall be amended to read as follows:
“Pre-Trial Review (RDC Part 26)
14. The Pre-Trial Review is vacated and the parties have liberty to apply should any issue arise.”
7. Costs shall be costs in the case.
Issued by:
Delvin Sumo
Assistant Registrar
Date of issue: 25 May 2023
At: 2pm
