Claim No: CFI 066/2022
IN THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF APPEAL
BETWEEN
FIRST MIDDLE EAST DISTRIBUTION DMCC
Claimant
and
ORANGE CHAMELEON LTD
Defendant
ORDER OF DEPUTY CHIEF JUSTICE H.E. ALI AL MADHANI
UPON reviewing the Amended Claim Form and Particulars of Claim dated 16 June 2023
AND UPON reviewing the Defendant’s Application No. CFI-066-2022/2 dated 13 July 2023 to strike out the certain parts of the Claimant’s Amended Claim Form and Particulars of Claim (the “Strike Out Application”)
AND UPON reviewing the Claimant’s Application No. CFI-066-2023/3 dated 24 July 2023 seeking the Court’s retrospective permission to amend the Amended Claim Form and Particulars of Claim (the “Claimant’s Application”)
AND UPON the reading the Second and the Third witness statements of Ms. Sara Jayne Sheffield and the First and Second witness statements of Mr. Rashid Khan
AND UPON the virtual hearing held before me on 23 August 2023
AND UPON the reviewing the Parties’ email correspondence addressed to the Court dated 25 and 29 August 2023
IT IS HEREBY ORDERED THAT
1. The Claimant’s Application is granted.
2. The Strike Out Application is dismissed.
3. Schedule of reasons to follow.
THE ORDER
1. Given the circumstances of this case, I do not believe it is in the best interest of justice nor is it necessary for the parties to be delayed any further awaiting a full written reasoned judgment in this matter, particularly when the Claimant has been claiming payment of rent since February 2022 from the Defendant.
2. As such, I hereby grant the Claimant retrospective permission to amend its statement of case and continue in these proceedings with its Amended Claim Form and Particulars of Claim. The retrospective permission is consistent with the wording of Rule 53.41 of the Rules of the DIFC Courts (the “RDC”), and I see no grounds or any basis on which the Amendment Application would cause the Defendant any prejudice, the proceedings are still at an early stage and the Defendant has not yet pleaded a defence, and thereby are not faced with the issue of amending their statement of defence.
3. Based on the above, the Defendant is directed to file a defence in response to the Claimant’s Amended Statement of Case, within14 daysfollowing the date of this Order. This is primarily because the Defendant has had full knowledge of the Claimant’s proposed amendments which were served on 16 June 2023, thereby there are no reasonable grounds to delay these matters any further.
4. The Defendant’s application to strike out certain parts of the Claimant’s statement of case pursuant to RDC 4.16(2) is dismissed in its entirety. The Defendant was unsuccessful in articulating a proper basis to the Court on which to contest the Amendment Application.
5. The Parties are directed to provide brief cost submissions, no more than approximately 5 pages long, following the order with reasons is served on them.
6. Schedule of reasons to follow.
Issued by:
Delvin Sumo
Assistant Registrar
Date of Issue: 5 September 2023
At: 3pm