Claim No: CFI 095/2022
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
SOCIEDAD DE INVERSIONES Y DESARROLLO PLAYA LEONA S.A.
Claimant
and
(1) GOLD CA FZ LLC
(2) VANESSA THERESA SCHWARK
Defendants
ORDER OF JUSTICE WAYNE MARTIN
UPON reviewing the Claimant’s Application Notice CFI-095-2022/1 dated 26 December 2022 (the “Claimant’s Application”) seeking the joinder of additional parties (the “Prospective Defendants”)
AND UPON reviewing the Prospective Defendants’ Application Notice CFI-095-2022/2 dated 10 January 2023 challenging the jurisdiction of the DIFC Courts (the “Prospective Defendants’ Application”)
AND UPON reading the Prospective Defendants’ Witness Statement of 4 You Impex and Sundraparipooranan Pakshirajan dated 10 January 2023
AND UPON reading the Claimant’s Witness Statements of Ulrich Schwark dated 13 January 2023 and 7 February 2023
AND UPON reading the Prospective Defendants’ submissions filed by E-mail dated 17 February 2023
AND UPON hearing Counsel for the Claimant and Counsel for Prospective Defendants at the hearing on 22 February 2023 (the “Hearing”)
AND UPON the First and Second Defendants’ failure to appear at the Hearing
AND UPON reviewing all relevant documents and submissions on the Court file
IT IS HEREBY ORDERED THAT:
For reasons to be published in due course
1. The Claimant’s Application is dismissed.
2. The Prospective Defendants’ Application is dismissed.
3. The Claimant shall pay the Prospective Defendants’ costs of the Claimant’s Application, to be assessed by the Registrar if not agreed.
4. There shall be no order as to the costs of the Prospective Defendants’ Application.
5. For the purposes of calculating the time within which any party might seek permission to appeal this Order, time will not start to run until the reasons for this Order have been issued.
Issued by:
Delvin Sumo
Assistant Registrar
Date of Issue: 23 February 2023
At: 3:30pm