(1) Roberto's Club, (2) Emain Kadrie v Paolo Roberto Rella [2013] DIFC CFI 019 (03 March 2014)

(1) Roberto's Club, (2) Emain Kadrie v Paolo Roberto Rella [2013] DIFC CFI 019 (03 March 2014)

There was no contumacious failure by the claimants to comply with the order of 18 December 2013; the information provided was sufficient for the defendant's duties as a director pending trial, and the further requests were excessive and not justified at this stage. An unless order striking out the claim and defence was not warranted.

Citation
[2013] DIFC CFI 019
Parties
Claimant/respondent: Roberto's Club; Claimant/respondent: Emain Kadrie; Defendant/applicant: Paolo Roberto Rella
Jurisdiction
United Arab Emirates
Judgment Date
03 March 2014
Procedural Posture
Civil (commercial) / Interlocutory Application for Unless Order
Outcome
Application dismissed
Legal Topics
Disclosure of Documents, Director's Rights, Strike Out Applications, Shareholder Disputes, Unfair Prejudice
Company Law Civil Procedure Disclosure of Documents Director's Rights Strike Out Applications Shareholder Disputes Unfair Prejudice

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Parties

Roberto's Club

Claimant/respondent

Emain Kadrie

Claimant/respondent

Paolo Roberto Rella

Defendant/applicant

Procedural Posture

Civil (commercial) / Interlocutory Application for Unless Order

Legal Issues

  1. 1 Whether the claimants failed to comply with a court order for disclosure of financial information to the defendant as director
  2. 2 Whether an unless order striking out the claim and defence should be granted for alleged non-compliance

Ratio Decidendi

There was no contumacious failure by the claimants to comply with the order of 18 December 2013; the information provided was sufficient for the defendant's duties as a director pending trial, and the further requests were excessive and not justified at this stage. An unless order striking out the claim and defence was not warranted.

Court Disposition

Application dismissed

Orders

  • Application CFI 019/2013/3 for an unless order is dismissed.