AL Buhaira National Insurance Company v (1) Horizon Energy LLC (2) AL Buhaira International Shipping INC [2023] DIFC CA 015 (13 January 2023)

Claim No. CA 015/2022

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE COURT OF FIRST INSTANCE

BETWEEN

AL BUHAIRA NATIONAL INSURANCE COMPANY

Claimant/Respondent

and

(1) HORIZON ENERGY LLC

First Defendant/Appellant

(2) AL BUHAIRA INTERNATIONAL SHIPPING INC

Second Defendant


CONSENT ORDER


UPON the First Defendant’s Application No. CFI-0981-2021/1 dated 27 December 2021, disputing jurisdiction and seeking to have the Claim Form and its service set aside, alternatively seeking to have ABNIC’s claims struck out as an abuse of process (the “Jurisdiction Application”)

AND UPON the Order with Reasons of Justice Roger Giles dated 27 April 2022 dismissing the Jurisdiction Application (the “Order”)

AND UPON the First Defendant's Appeal Notice seeking Permission to Appeal against the Order dated 18 May 2022 (the “First PTA”)

AND UPON the Order of Chief Justice Zaki Azmi dismissing the First PTA dated 5 August 2022

AND UPON the First Defendant's Second Appeal Notice seeking Permission to Appeal against the Order dated 26 August 2022 (the “Application”)

AND UPON the Claimant’s Submissions in response to the Application dated 12 September 2022

AND UPON the Order of H.E. Deputy Chief Justice Ali Al Madhani dated 25 November 2022

AND UPON the DIFC Courts listing the hearing on Monday 30 January 2023

AND UPON the parties having agreed to the terms set forth in this Consent Order

IT IS HEREBY ORDERED BY CONSENT:

1. The parties shall file and exchange additional written submissions by no later than4pm on 23 January 2023.

2. There shall be no order as to costs.

Issued by:
Delvin Sumo
Assistant Registrar
Date of issue: 13 January 2023
At: 9am