May 13, 2022 Technology and construction division - Orders
Claim No. TCD 009/2020
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
FIVE REAL ESTATE DEVELOPMENT LLC
Claimant / Defendant to Counterclaim
and
REEM EMIRATES ALUMINIUM LLC
Defendant / Claimant to Counterclaim
CONSENT ORDER
UPON the Claimant filing the expert report of Stephen Millington dated 24 April 2022
AND UPON the Defendant filing the expert report of Paul Craig dated 19 April 2022
AND UPON the Claimant and the Defendant discussing the experts’ reports
IT IS HEREBY ORDERED BY CONSENT THAT:
1. The Case Management Order of H.E Justice Nassir Al Nasser dated 18 November 2021 is amended, to the effect that paragraph 13 is deleted.
2. The Claimant shall instruct Jimmy LOH Yew Hone and the Defendant shall instruct Paul Craig and Lee Sporle:
a. to meet at a time that is mutually convenient for such individuals, on or before 20 May 2022, to discuss their respective reports and:
i. identify and discuss the expert issues in the proceedings; and
ii. decide, with the benefit of that discussion, on which expert issues they share or can come to share the same expert opinion and on which issues there remains a difference of expert opinion between them (and what that difference is); and
b. to prepare and submit to the parties, a joint memorandum prepared in accordance with RDC 31.63, by 31 May 2022. Upon submission of such report, the Defendant shall file a copy on the eRegistry for these proceedings.
3. The Claimant is deemed to have produced pursuant to RDC 28.15, all documents referenced in the expert reports of Jimmy LOH Yew Hone and Stephen Millington.
4. The Defendant is deemed to have produced pursuant to RDC 28.15, all documents that are referenced in the expert reports of Lee Sporle and Paul Craig.
5. Any document deemed to have been produced by orders 3 and 4 above, but not physically exchanged, shall be provided by the relevant party as soon as possible, upon a specific request by the other party for such document.
6. The Defendant has until Monday 31 May 2022 to file an expert forensic financial report in reply to the report of Stephen Millington dated 24 April 2022.
7. The Claimant shall instruct Stephen Millington and the Defendant shall instruct its Forensic Expert:
a. to meet at a time that is mutually convenient for such individuals, on or before 7 June 2022, to discuss their respective reports and:
i. identify and discuss the expert issues in the proceedings; and
ii. decide, with the benefit of that discussion, on which expert issues they share or can come to share the same expert opinion and on which issues there remains a difference of expert opinion between them (and what that difference is); and
b. to prepare and submit to the parties, a joint memorandum prepared in accordance with RDC 31.63, by 17 June 2022. Upon submission of such report, the Defendant shall file a copy on the eRegistry for these proceedings.
8. Costs of this Consent Order are costs in the case.
Issued by:
Nour Hineidi
Registrar
Date of issue: 13 May 2022
Time:12pm
