Awad v 3AM Property Investment Company LLC [2025] ADGMCFI 0009 (13 May 2025)

Awad v 3AM Property Investment Company LLC [2025] ADGMCFI 0009 (13 May 2025)

Claimant is the successful party against the first defendant and is entitled to recover 75% of his costs assessed on the standard basis, excluding the success fee and VAT thereon, due to partial success and failure to comply with prescribed procedures, but no costs are recoverable against the second defendant.

Citation
[2025] ADGMCFI 0009
Parties
Claimant: Faysal Mohamad Awad; First Defendant: 3AM Property Investment Company LLC; Second Defendant: Adel Abdulhameed Ibrahim Abdulla Alhosani
Jurisdiction
United Arab Emirates
Judgment Date
13 May 2025
Procedural Posture
Commercial and Civil / Post Trial Costs Determination
Outcome
Costs awarded to claimant against first defendant, excluding success fee and VAT; liberty to restore application for success fee and VAT.
Legal Topics
Costs Assessment, Contract Enforcement, Limitation, Success Fee Recoverability
Commercial Law Civil Procedure Costs Assessment Contract Enforcement Limitation Success Fee Recoverability

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Faysal Mohamad Awad

Claimant

3AM Property Investment Company LLC

First Defendant

Adel Abdulhameed Ibrahim Abdulla Alhosani

Second Defendant

Procedural Posture

Commercial and Civil / Post Trial Costs Determination

Legal Issues

  1. 1 Whether costs should be awarded to the claimant and in what proportion
  2. 2 Whether success fee is recoverable as part of costs
  3. 3 Whether costs should be assessed on standard or indemnity basis

Ratio Decidendi

Claimant is the successful party against the first defendant and is entitled to recover 75% of his costs assessed on the standard basis, excluding the success fee and VAT thereon, due to partial success and failure to comply with prescribed procedures, but no costs are recoverable against the second defendant.

Court Disposition

Costs awarded to claimant against first defendant, excluding success fee and VAT; liberty to restore application for success fee and VAT.

Orders

  • First Defendant to pay Claimant's costs, excluding Success Fee and VAT, assessed on standard basis in amount of AED 437,069.06.
  • Claimant granted liberty to restore costs application in respect of Success Fee and VAT thereon.