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63-AL Buhaira National Insurance Company V (1) Horizon Energy LLC (2) AL Buhaira International Shipping INC (2023) DIFC CA 015 (13 January 2023)
63-AL Buhaira National Insurance Company V (1) Horizon Energy LLC (2) AL Buhaira International Shipping INC (2023) DIFC CA 015 (13 January 2023)
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(1) Horizon Energy LLC (2) AL Buhaira International Shipping INC [2023] DIFC CA 015 (13 January 2023)
URL: http://www.bailii.org/ae/cases/DIFC/2023/DCA_015.html
Cite as: [2023] DIFC CA 015, [2023] DIFC CA 15
CA 015/2022 AL Buhaira National Insurance Company v (1) Horizon Energy LLC (2) AL
Buhaira International Shipping INC
BETWEEN
Claimant/Respondent
and
First Defendant/Appellant
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
1. The parties shall file and exchange additional written submissions by no later than4pm on 23
January 2023.
Issued by:
Delvin Sumo
Assistant Registrar
Date of issue: 13 January 2023
At: 9am