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 [2023] DIFC CFI 041 (22 May 2023)

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

and

(1) KPMG LOWER GULF LIMITED
(2) KPMG (a firm)
(3) KPMG LLP

Defendants


CONSENT ORDER


UPON the Consent Order dated 19 January 2022 agreeing to impose a stay (the “DIFC Stay”) on the First Claimant’s claim against the First Defendant (including the First Defendant’s appeal of the Jurisdiction Judgment of Justice Wayne Martin dated 3 November 2021) and on the Second Claimant’s claim against the Third Defendant until a final determination of the First Defendant’s application to the Joint Judicial Committee (Cassation No. 8 of 2021)

AND UPON the Claimants’ Application No. CFI-041-2021/8 dated 24 April 2023 seeking, amongst other things, to lift the DIFC Stay (the “Application”)

AND UPON the Registry’s email dated 24 April 2023 directing that evidence in answer to the Application is to be filed by 22 May 2023 and evidence in reply is to be filed by 5 June 2023

AND UPON the parties agreeing to extend the deadlines for the filing of evidence in relation to the Application

IT IS HEREBY ORDERED BY CONSENT:

1. The First and Third Defendants’ evidence in answer to the Application shall be filed and served by no later than4pm on 9 June 2023.

2. The Claimants’ evidence in reply shall be filed and served by no later than4pm on 23 June 2023.

3. There shall be no order as to costs.

Issue by:
Delvin Sumo
Assistant Registrar
Date of issue: 22 May 2023
At: 2:30pm