Bank Of Singapore Limited v (1) Marj Holding Limited (2) Mohammed Ahmad Ramadhan Juma [2024] DIFC CFI 090 (03 January 2024)

Bank Of Singapore Limited v (1) Marj Holding Limited (2) Mohammed Ahmad Ramadhan Juma [2024] DIFC CFI 090 (03 January 2024)

The claimant, as the successful party on the principal debt and guarantee claims, is entitled to its costs of the immediate judgment application and the case, excluding extra costs caused by the unresolved misrepresentation claim, to be assessed by detailed assessment if not agreed. The defendants are to pay an interim amount of AED 500,000 on account of costs within 14 days. Costs are to be assessed on the standard basis as the defendants' conduct did not justify indemnity costs.

Citation
[2024] DIFC CFI 090
Parties
Claimant: Bank Of Singapore Limited; First Defendant: Marj Holding Limited; Second Defendant: Mohammed Ahmad Ramadhan Juma
Jurisdiction
United Arab Emirates
Judgment Date
03 January 2024
Procedural Posture
Civil (debt Recovery, Contract, Guarantee) / Post Judgment, Costs Order
Outcome
Costs order in favour of claimant (partial, pending misrepresentation claim); interim payment ordered.
Legal Topics
Debt Recovery, Guarantee Enforcement, Costs Orders, Summary Judgment, Misrepresentation
Commercial Law Banking Law Contract Law Civil Procedure Debt Recovery Guarantee Enforcement Costs Orders Summary Judgment +1 more

Case Brief

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Parties

Bank Of Singapore Limited

Claimant

Marj Holding Limited

First Defendant

Mohammed Ahmad Ramadhan Juma

Second Defendant

Procedural Posture

Civil (debt Recovery, Contract, Guarantee) / Post Judgment, Costs Order

Legal Issues

  1. 1 Whether the defendants are liable for the claimant's costs of the immediate judgment application and the case, excluding the misrepresentation claim costs, and the basis for such costs assessment.
  2. 2 Whether an interim payment on account of costs should be ordered and in what amount.

Ratio Decidendi

The claimant, as the successful party on the principal debt and guarantee claims, is entitled to its costs of the immediate judgment application and the case, excluding extra costs caused by the unresolved misrepresentation claim, to be assessed by detailed assessment if not agreed. The defendants are to pay an interim amount of AED 500,000 on account of costs within 14 days. Costs are to be assessed on the standard basis as the defendants' conduct did not justify indemnity costs.

Court Disposition

Costs order in favour of claimant (partial, pending misrepresentation claim); interim payment ordered.

Orders

  • Defendants jointly and severally to pay claimant's costs of the immediate judgment application, to be assessed by the Registrar if not agreed.
  • Defendants jointly and severally to pay claimant's costs of the case except extra costs caused by the misrepresentation claim, to be assessed by the Registrar if not agreed.