January 21, 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
and
REEM EMIRATES ALUMINUM LLC
Defendant
ORDER OF THE REGISTRAR NOUR HINEIDI
UPON reviewing the Defendant’s Application No. TCD-009-2020/14 dated 10 January 2022 (the “Stay Application”)
AND UPON reviewing the Claimant’s evidence in answer to the Stay Application dated 13 January 2022
AND UPON reviewing the Defendant’s evidence in reply dated 14 January 2022
AND UPON reviewing the Defendant’s Application No. TCD-009-2020/11 dated 30 November 2021 (“Application 11”)
AND UPON reviewing the Rules of the DIFC Courts, in particular RDC r. 4.2(1), r.4.2(6) and r.4.2(14)
IT IS HEREBY ORDERED THAT:
1. The Defendant’s obligation to file and serve evidence in reply by 11 January 2022, in Application 11, shall be stayed until Order 5 below applies.
2. As part of Application 11, within 5 days from the date of this Order, the Defendant shall file and serve:
(a) a statement of costs already incurred (up to 30 November 2020), including the information required by RDC 38.35, signed by the Defendant’s lawyer; and
(b) an estimate of anticipated future costs calculated by reference to the elements set out at RDC 38.35, signed by the Defendant’s lawyer,
(hereafter referred to as the “Supplemental Evidence in Support”).
3. The Supplemental Evidence in Support shall be deemed as part of the Defendant’s evidence filed in support of its Application 11.
4. If the Defendant files and serves the Supplemental Evidence in Support, the Claimant shall have a period of 14 days, from the date the Supplemental Evidence in Support was filed and served, to provide its supplemental evidence in answer in Application 11 (“Supplemental Evidence in Answer”).
5. The Defendant shall file and serve its evidence in reply in relation to Application 11 within 7 days from the date upon which:
(a) the Claimant files and serves its Supplemental Evidence in Answer; or
(b) the time for the Claimant to file and serve the Supplemental Evidence in Answer pursuant to Order 4, expires.
6. The Claimant’s costs arising from the additional attendance to file and serve the Supplemental Evidence in Answer shall be taken into account when the costs of Application 11 are assessed, to the benefit of the Claimant.
7. Costs reserved.
Issued by:
Nour Hineidi
Registrar
Date of issue: 21 January 2022
Time: 2pm
