CFI 041/2021 (1) Abraaj Investment Management Limited (In Official Liquidation) (2) Abraaj Capital Limited (In Official Liquidation) v (1) KPMG Lower Gulf Limited (2) KPMG (A Firm) (3) KPMG LLP
CFI 041/2021 (1) Abraaj Investment Management Limited (In Official Liquidation) (2) Abraaj Capital Limited (In Official Liquidation) v (1) KPMG Lower Gulf Limited (2) KPMG (A Firm) (3) KPMG LLP
September 08, 2023  COURT OF FIRST INSTANCE - ORDERS
Claim No. CFI 041/2021
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
(1) ABRAAJ INVESTMENT MANAGEMENT LIMITED (IN OFFICIAL LIQUIDATION)
(2) ABRAAJ CAPITAL LIMITED (IN OFFICIAL LIQUIDATION)
Claimants/Applicants
and
(1) KPMG LOWER GULF LIMITED
(2) KPMG (a firm)
(3) KPMG LLP
Defendants/Respondents
ORDER OF JUSTICE WAYNE MARTIN
UPON
the Part 7 Claim Form dated 29 March 2021 (the “Claim Form”)
AND UPON
the Order with Reasons of Justice Wayne Martin dated 3 November 2021 dismissing the First Defendant’s Application No. CFI-041-2021/4 contesting the jurisdiction of the DIFC Courts (the “Order dated 3 November 2021”)
AND UPON
the First Defendant’s Appeal Notice dated 24 November 2021, seeking permission to appeal the Order dated 3 November 2021 (the “Permission Application”)
AND UPON
the Consent Order dated 19 January 2022 staying these proceedings (the “Consent Order”)
AND UPON
the Claimants’ Application No. CFI-041-2021/8 dated 24 April 2023 seeking to set aside the Consent Order (the “Claimant’s Application”)
IT IS HEREBY ORDERED THAT:
1.	The stay imposed in paragraph 1 of the Consent Order shall be set aside.
2.	The stay imposed in paragraph 2 of the Consent Order shall cease to have effect.
3.	Paragraph 3 of the Consent Order is varied such that the First Claimant/Respondent shall submit Respondent’s submissions pursuant to Rule 44.14 of the Rules of the DIFC Courts by no later than
4pm on Wednesday, 4 October 2023.
4.	The Costs of the Claimant’s Application shall be reserved.
5.	The parties shall have liberty to apply.
Issued By:
Delvin Sumo
Assistant Registrar
Date of issue: 8 September 2023
At: 3pm