CFI 005/2016 (1) Mr Rafed Abdel Mohsen Bader Al Khorafi (2) Mrs Amrah Ali Abdel Latif Al Hamad (3) Mrs Ali Mohamed Sulaiman Al Rifai v (1) Bank Sarasin Alpen (Me) Limited (In Liquidation) and (1) Bank J. Safra Sarasin Asset Management (Middle East) Ltd (2) Bank J. Safra Sarasin AG v (1) Bank Sarasin-alpen (Me) Limited (In Liquidation) (2) Mr Shahab Haider (In His Capacity As Official Liquidator Of Bank Sarasin-alpen (Me) Limited)
CFI 005/2016 (1) Mr Rafed Abdel Mohsen Bader Al Khorafi (2) Mrs Amrah Ali Abdel Latif Al Hamad (3) Mrs Ali Mohamed Sulaiman Al Rifai v (1) Bank Sarasin Alpen (Me) Limited (In Liquidation) and (1) Bank J. Safra Sarasin Asset Management (Middle East) Ltd (2) Bank J. Safra Sarasin AG v (1) Bank Sarasin-alpen (Me) Limited (In Liquidation) (2) Mr Shahab Haider (In His Capacity As Official Liquidator Of Bank Sarasin-alpen (Me) Limited)
July 04, 2023  court of first instance - Orders
Claim No. CFI 005/2016
IN THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
(1) MR RAFED ABDEL MOHSEN BADER AL KHORAFI
(2) MRS AMRAH ALI ABDEL LATIF AL HAMAD
(3) MRS ALI MOHAMED SULAIMAN AL RIFAI
Claimants
and
(1) BANK SARASIN ALPEN (ME) LIMITED (IN LIQUIDATION)
Defendant
(1) BANK J. SAFRA SARASIN ASSET MANAGEMENT (MIDDLE EAST) LTD
(2) BANK J. SAFRA SARASIN AG
Applicants
and
(1) BANK SARASIN-ALPEN (ME) LIMITED (in liquidation)
(2) MR SHAHAB HAIDER (in his capacity as Official Liquidator of Bank Sarasin-Alpen (ME) Limited)
Respondents
CONSENT ORDER
UPON
the First Applicant’s Application No. CFI-005-2016/7 dated 21 June 2023 challenging the jurisdiction of the DIFC Courts (the “First Application”)
AND UPON
the Second Applicant filing its Acknowledgment of Service on 20 June 2023 confirming its intent to challenge the jurisdiction of the DIFC Courts (the “Second Application”)
AND UPON
the parties agreeing the terms of the Order contained herein
IT IS HEREBY ORDERED BY CONSENT THAT:
1. The First Application and the Second Application shall be heard together.
2. The Second Applicant shall file and serve the Second Application by no later than
4pm on 7 July 2023
.
3. The Respondents shall file and serve their evidence in answer to the First Application and Second Application by no later than
4pm on 4 August 2023
.
4. The Applicants shall file and serve their evidence in reply, if so advised, by no later than
4pm on 18 August 2023
.
5. The Applicants and the Respondents shall file and exchange skeleton arguments by no later
4pm on 25 August 2023
.
6. The costs of this Consent Order shall be costs in the case.
Issued by:
Delvin Sumo
Assistant Registrar
Date of issue: 4 July 2023
At: 3pm