CFI 054/2019 Larmag Holding B.v. v (1) First Abu Dhabi Bank Pjsc (2) Fab Securities Llc (3) Mr Abdulla Saeed Bakheet Obaid Aljaberi (4) Mr Ali Mohamed (5) Elite Holding Group Limited
CFI 054/2019 Larmag Holding B.v. v (1) First Abu Dhabi Bank Pjsc (2) Fab Securities Llc (3) Mr Abdulla Saeed Bakheet Obaid Aljaberi (4) Mr Ali Mohamed (5) Elite Holding Group Limited
February 10, 2021  court of first instance - Orders
Claim No: CFI-054-2019
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
LARMAG HOLDING B.V.
Claimant/Applicant
and
(1) FIRST ABU DHABI BANK PJSC
(2) FAB SECURITIES LLC
(3) MR ABDULLA SAEED BAKHEET OBAID ALJABERI
(4) MR ALI MOHAMED
(5) ELITE HOLDING GROUP LIMITED
Defendants/Respondents
ORDER WITH REASONS OF JUSTICE SIR RICHARD FIELD
UPON
the Claimant's application made by way of an Application Notice dated 25 January 2021 for permission to Re-Re-Amend its Particulars of Claim (the "
Application
")
AND UPON
considering the submissions in support of the application and in opposition thereto made in email exchanges between the Claimant and the Defendants
IT IS HEREBY ORDERED THAT:
1. Permission is granted for the Claimant to rely on its Re-Re-Amended Particulars of Claim in the form filed in draft in support of the Application.
2. The Claimant shall file and serve its Re-Re-Amended Particulars of Claim within 3 days.
3. The Claimant has permission to serve the Re-Re-Amended Particulars of Claim on the Fourth and Fifth Defendants by email using the following email addresses:
account@elitehold.com
Legal@elitehold.com
pa@elitehold.com;
elitehold@yahoo.com and
Dr.louise@elitehold.com
4. The Defendants shall file and serve any Re-Amended Defence with amendments limited to those responsive to the amendments in the Re-Re-Amended Particulars of Claim within 14 days thereafter.
5. The Claimant shall file and serve any Reply within 7 days of service of the Re-Amended Defence.
6. The Claimant shall pay the Defendants' reasonable costs of any Re-Amended Defences.
7. The costs of this application will be costs in the case.
Issued by:
Nour Hineidi
Registrar
Date of issue: 10 February 2021
At: 9am
REASONS
This application was issued on 25 January 2021 about 7 weeks before the trial date of 7 March 2021. I have therefore given careful consideration to whether the Defendants would be unfairly prejudiced by having to formulate submissions in response to the proposed claim for multiple damages pursuant to Article 40 (2) of the DIFC Law of Damages and Remedies as they prepare for the trial and I have concluded that they would not be so prejudiced. The pleaded response will surely be a simple denial or a simple non-admission and it will be during closing submissions after the evidence has all been heard that the Defendants will have to present their case on the multiple damages claim by reference to the facts as they have emerged in the evidence. As the trial judge, given the nature of this case, I shall be granting leave to all the parties to file written closing submissions after the evidence has been heard and when setting the post trial timetable for such submissions due allowance will be granted to the Defendants in recognition of the introduction of this new aspect of the Claimant’s claim.