Claim No: CFI 077/2021
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
ESHRAQ INVESTMENTS PJSC
Claimant
and
SHEHAB M. GARGASH & OTHERS
Defendants
ORDER WITH REASONS OF JUDICIAL OFFICER MAITHA ALSHEHHI
UPON the Case Management Order of H.E. Justice Nassir Al Nasser dated 28 October 2022 (the ‘’CMC Order’’)
AND UPON reviewing the Claimant’s Application No. CFI-077-2021/2 dated 27 January 2023 seeking an extension of time of two weeks to file and serve expert reports by 16 February 2023 (the “Extension of Time Application”)
AND UPON reviewing the Defendants’ evidence in answer to the Extension of Time Application dated 31 January 2023
AND UPON reviewing the Claimant’s evidence in reply dated 1 February 2023
AND UPON reviewing the documents recorded in the Court file
IT IS HEREBY ORDERED THAT:
1. The Extension of Time Application is granted.
2. The time for the Claimant to file and serve expert reports pursuant to paragraph 15 of the CMC Order be extended by one week to4pm on Thursday, 9 February 2023.
3. Costs shall be costs in the case.
Issued by:
Delvin Sumo
Assistant Registrar
Date of Issue: 2 February 2023
At: 9am
SCHEDULE OF REASONS
1. The parties have agreed on several occasions to extend the timelines set out in the CMC Order by way of consent orders issued by the Court and this is the first time where either party had to file an application to request an extension of time in the absence of an agreement between the parties.
2. By virtue of the CMC Order, in the event the parties are unable to appoint a joint expert then each party is to appoint an expert and such reports were due to be filed on 5 January 2023 (which the Defendants have complied with, and the Claimant has not) and supplemental expert reports were to be filed on 2 February 2023.
3. The subject of the application at hand is to request an extension of time of two weeks to file and serve expert reports as outlined in paragraph 15 of the CMC Order as it came to the Claimant’s attention that certain aspects of the Defendants’ evidence/expert report must be addressed. The Claimant submits that such extension will not affect the Defendants as the next submission is due on 24 February 2023.
4. Mr Zeiad Gomma submits in his witness statement dated 31 January 2023, on behalf of the Defendants, that“the Claimant never communicated to the Defendants its intention not to file and serve an accounting expert report, nor its intention to file and serve a responsive one on the date of filing and serving the supplemental reports”and that they only became aware of the Claimant’s intention to submit one on 19 January 2023.
5. The Claimant’s reason for refraining from filing the expert report on 5 January 2023 is explained in the second witness statement of Mr Arthur Dedels dated 1 February 2023 which states“it was decided instead to wait for the Defendants to submit their expert report together with additional evidence, and then to submit the Claimant’s expert report on the date envisaged by the procedural timetable for the second round of submissions of expert reports.”
6. I have taken into consideration both parties’ arguments in respect of the interpretation of supplemental vs responsive expert reports, and in the interest of time and justice, I am inclined to grant the Claimant’s Extension of Time Application on the basis that an expert report is crucial in any case and the Claimant ought to be given a chance to submit one, even if the time as set out in the CMC Order has lapsed.
7. Given that the Defendants’ expert report was filed on 5 January 2023 and the Claimant filed the Extension of Time Application on 27 January 2023, I have granted the Claimant’s request to extend the time to file and serve expert reports by one week rather than two weeks as originally requested, mainly due to the fact that the Claimant became aware of the report on 5 January 2023 and therefore had enough time to prepare before filing the present application.
8. In light of the aforementioned, I hereby order that the Extension of Time Application is granted and the time for the Claimant to file and serve expert reports be extended to 4pm on Thursday, 9 February 2023.
9. Costs shall be costs in the case.