Gulf Wings FZE v A and K Trading Limited [2022] DIFC CFI 004 (11 March 2022)

Claim No: CFI 004/2022

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE COURT OF FIRST INSTANCE

BETWEEN

GULF WINGS FZE

Claimant

and

A AND K TRADING LIMITED

Defendant


ORDER OF JUSTICE SIR JEREMY COOKE


PENAL NOTICE

NOTICE: YOU, KARIM ABOU ALI, ARE IN CONTEMPT OF COURT.

UPON reviewing the Court File and Bundle of Documents for the hearing

AND UPON reviewing the Freezing Order of Justice Sir Jeremy Cooke of 14 January 2022 (“14 January Order”)

AND UPON considering the Claimant’s Application Notice dated 26 January 2022

AND UPON considering the affidavit evidence of Oliver Tebbit and Khaldoun Al Ghalayini filed on behalf of the Claimant

AND UPON considering the affidavit evidence of Amna Al Jallaf, Ahmed Abou Hashima, Amr Shendy and Bader Alzaabi filed on behalf of the Defendant

AND UPON hearing Counsel for the Claimant in the absence of any representative of the Defendant or of Karim Abou Ali or Ahmed Abou Hashima, all of whom had declined to attend the hearing listed on 8 March 2022 despite being notified of the hearing

IT IS HEREBY ORDERED THAT:

By reason of Karim Abou Ali having failed to:

(a) provide convincing reasons for not having complied with the 14 January Order; and

(b) comply fully with all the terms of the said 14 January Order by wilfully failing, as a registered director of the Defendant, to prevent the removal of the Embraer EMB-135-BJ Legacy 600 from Dubai.

The matter of Karim Abou Ali’s contempt of the Court is hereby referred to the Attorney General of Dubai for his review and consideration of committal.

Issued by:
Nour Hineidi
Registrar
Date of issue: 11 March 2022
Time: 3pm