Claim No: CFI 030/2022
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
MAD ATELIER INTERNATIONAL B.V.
Claimant
and
(1) AXEL MANES
(2) CATHERINE ZHILLA
Defendants
ORDER OF JUSTICE SIR JEREMY COOKE
UPON the Order of Justice Sir Jeremy Cooke dated 14 October 2022 granting Immediate Judgment against the First Defendant (the “Order”)
AND UPON the First Defendant’s Appeal Notice dated 7 November 2022 seeking permission to appeal the Order (the “Permission Application”)
AND UPON the First Defendant’s Skeleton Argument dated 14 November 2022 filed in support of the Permission Application
AND UPON the Claimant’s submissions dated 30 November 2022 filed in response to the Permission Application
AND UPON hearing counsel for the parties at the hearing listed before me on 20 December 2022 (the “Hearing”)
AND UPON reviewing Rule 44.8 of the Amended Appeal Rules in the Rules of the DIFC Courts
IT IS HEREBY ORDERED THATthe Permission Application be referred to the Court of Appeal for determination.
Issued by:
Delvin Sumo
Assistant Registrar
Date of issue: 9 January 2023
At: 8am
SCHEDULE OF REASONS
1. The Permission Application is made out of time.
2. It is clear that this matter will be pursued to the Court of Appeal, regardless of the decision of the Court of First Instance, because of the nature of the application with its ancillary petition to the Union Supreme Court, the constitutional matters raised and its challenge toLakhan v Lamia [2021] DIFC CA 001.
3. There is a trial of an issue as to the ownership of shares which are the subject of a receivership order fixed for 6 February 2023. The parties agreed on the appointment of the Receiver (but not on the terms of that appointment) and to the transfer of shares from the Second Defendant to the Receiver.
4. The Permission Application was not listed at the same time as the Hearing of the applications for appointment of a Receiver but the Court then stated its intention to refer the Application which was out of time to the Court of Appeal.
5. It is therefore most cost efficient and time saving for the Permission Application and any application for an extension of time to be referred to the Court of Appeal so that all the matters raised can be dealt with in the round.