CFI 014/2016 (1) Mr Rafed Abdel Mohsen Bader Al Khorafi (2) Mrs Amrah Ali Abdel Latif Al Hamad (3) Mrs Alia Mohamed Sulaiman Al Rifai vs (1) Bank Sarasin Alpen (ME) Limited (In Liquidation) (2) Bank J Safra Sarasin (Formerly Bank Sarasin & Co)
CFI 014/2016 (1) Mr Rafed Abdel Mohsen Bader Al Khorafi (2) Mrs Amrah Ali Abdel Latif Al Hamad (3) Mrs Alia Mohamed Sulaiman Al Rifai vs (1) Bank Sarasin Alpen (ME) Limited (In Liquidation) (2) Bank J Safra Sarasin (Formerly Bank Sarasin & Co)
August 09, 2018  court of first instance - Orders
Claim No: CFI-014-2016
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 ALIA MOHAMED SULAIMAN AL RIFAI
Claimants
and
(1)
BANK SARASIN ALPEN (ME) LIMITED (IN LIQUIDATION)
(2) BANK J SAFRA SARASIN (FORMERLY BANK SARASIN & CO)
Defendants
ORDER WITH REASONS OF JUSTICE SIR DAVID STEEL
UPON
the Second
Defendant
having applied for
strike out
and/or summary judgment by Application Notice dated 1 June 2017 and that Application having been disposed of by the
Court
’s Order dated 18 April 2018
AND UPON
the Second Defendant having applied for permission to appeal and for a stay pending appeal by Application Notice dated 9 May 2018
AND UPON
hearing counsel for the Claimants and the Second Defendant at a hearing on 3 July 2018
AND UPON
reading further submissions from the parties as to directions
IT IS ORDERED THAT:
1. The Second Defendant’s Application for permission to appeal is granted.
2. The Second Defendant’s Application for a stay pending the appeal is refused.
3. As regards directions:
a. The Claimants shall, if so advised, file and serve a Reply and Defence to
Counterclaim
by 13 September 2018.
b. The Second Defendant shall, if so advised, file an application for a stay of the proceedings on grounds of
forum non conveniens
by 13 September 2018 failing which a CMC shall be fixed on the first available date after 27 September 2018.
c. If such an application for a stay of the proceedings on grounds of
forum non conveniens
is filed by the Second Defendant:
i. The Claimants shall file evidence in answer by 11 October 2018.
ii. The Second Defendant shall file any evidence in reply by 25 October 2018.
iii. The hearing of any such application shall be fixed on the first available date after 1 November 2018.
Issued by:
Ayesha Bin Kalban
Assistant
Registrar
Date of Issue: 9 August 2018
At: 3pm