CA 004/2011 - Order of H.E Justice Omar Al Muhairi
CA 004/2011 - Order of H.E Justice Omar Al Muhairi
April 16, 2013  Court of Appeal - Orders,Orders
Claim No. CFI 033/2009, CFI 013/2010 & CA 004 /2011
THE DUBAI INTERNATIONAL FINANCIAL CENTRE
COURTS
IN THE
COURT
OF FIRST INSTANCE
IN THE MATTER OF ORION HOLDINGS OVERSEAS LIMITED (in liquidation)
Between
SHAHAB HAIDER
(Liquidator of Orion Holdings Overseas Limited)
Respondent
and
ERNST & YOUNG MIDDLE EAST
Applicant
ORDER OF H.E JUSTICE OMAR ALMUHAIRI MADE ON 16 APRIL 2013
UPON
reviewing Application Notices CA 004/2011/08, CA 004/2011/09 & CA 004/2011/10 filed on behalf of Ernst & Young ("Applicant") on 2 April 2013
AND UPON
considering the Reply submissions filed on behalf of the Liquidator of Orion Holdings Overseas Ltd — Shahab Haider ("Respondent"), dated 9 April 2013
AND UPON
considering the Reply to Response submissions on behalf of Ernst & Young on 11 April 2013
AND UPON
reviewing the relevant documents in the case file
I HEREBY FIND THAT
On 7 February 2013 the Respondent served P40/01 Notice of Commencement of Assessment of Bills of Costs (in relation to CFI 013/2010, CFI 033/2009 & CA 004/2011) on the Applicant. On 24 February 2013 the Applicant filed three Application Notices (CA 004/2011/04, CA 004/2011/05 & CFI 033/2009/04) requesting an extension to 31 March 2013 to file their Points of Dispute to the Respondent's Bills of Costs, the extension was agreed between the parties and the
Court
subsequently issued the Order of 28 February 2013 granting the Applicant's extension request. However, the Applicant failed to file its respective Points of Dispute by 12pm on 31 March 2013. On 1 April 2013 the Respondent filed three P40/02 Requests for Default Cost Certificates (CFI 033/2009/05, CA 004/2011/06 & CA 004/2011/07). On 1 April 2013 the
Registry
issued the Default Cost Certificates. On 2 April 2013 (three days after the agreed extension provided in the Court's Order of 28 February 2013) the Applicant filed three Application Notices (CA 004/2011/08, CA 004/2011/09 &CA 004/2011/10) which contained the Applicant's respective Points of dispute to the Respondent's Bills of Costs along with requests to
set aside
the three Default Cost Certificates issued on 1 April 2013. On 2 April 2013 the Registry issued directions expediting the Response and Reply to Response submissions to the Application Notices CA 004/2011/08, CA 004/2011/09 & CA 004/2011/10. On 9 April 2013 the Respondent filed their Response and on 11 April 2013 the Applicant filed their Reply to Response.
Pursuant to
Rule 40.24
of the
DIFC Courts
, the Court may set aside or vary a Default Costs Certificate if it appears to the Court that there is some good reason why the Detailed Assessment proceedings should continue. Before me there is no good reason identified. As such and for the above reasons
IT IS HEREBY ORDERED THAT
1. The Application Notices CA 004/2011/08, CA 004/2011/09 & CA 004/2011/10 are refused.
2. The Applicant shall pay the Respondent's Costs of these Applications, to be assessed if not agreed.
3. Paragraph 5 of the Respective Default Cost Certificates issued by the
Registrar
on 1 April 2013 shall be replaced by the following:
5. The sums in paragraphs 2, 3 and 4 above to be paid by the Paying Party to the Receiving Party by no later than
12pm on 1 May 2013
.
Issued by
Mark Beer
Registrar
Issued On: 17 April 2013
Time: 5 pm