Gulf Wings FZE v A And K Trading Limited And (1) Mr Kamel Abou Aly (2) Mr Ahmed Abouhashima [2022] DIFC CA 014 (12 December 2022)

Gulf Wings FZE v A And K Trading Limited And (1) Mr Kamel Abou Aly (2) Mr Ahmed Abouhashima [2022] DIFC CA 014 (12 December 2022)

The Discharge Order was set aside because it was made without notice to the Claimant and without giving the Claimant an opportunity to be heard, contrary to fundamental principles of procedural fairness and the Rules of Court. The Contempt Order remains in force as the requirements for purging contempt, including payment of interest and costs, were not met.

Citation
[2022] DIFC CA 014
Parties
Appellant/claimant: Gulf Wings FZE; Respondent/defendant: A and K Trading Limited; Respondent: Mr Kamel Abou Aly; Respondent: Mr Ahmed Abouhashima
Jurisdiction
United Arab Emirates
Judgment Date
12 December 2022
Procedural Posture
Appeal / Judgment on Appeal Against Discharge of Contempt Order
Outcome
Appeal allowed; Discharge Order set aside; Contempt Order restored
Legal Topics
Contempt of Court, Freezing Orders, Purging Contempt, Procedural Fairness, Aircraft Management Agreement
Civil Procedure Commercial Law Contempt of Court Freezing Orders Purging Contempt Procedural Fairness Aircraft Management Agreement

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Parties

Gulf Wings FZE

Appellant/claimant

A and K Trading Limited

Respondent/defendant

Mr Kamel Abou Aly

Respondent

Mr Ahmed Abouhashima

Respondent

Procedural Posture

Appeal / Judgment on Appeal Against Discharge of Contempt Order

Legal Issues

  1. 1 Whether the Discharge Order was validly made without notice to the Claimant
  2. 2 Whether payment of principal sum into court suffices to purge contempt
  3. 3 Whether the Contempt Order should be restored

Ratio Decidendi

The Discharge Order was set aside because it was made without notice to the Claimant and without giving the Claimant an opportunity to be heard, contrary to fundamental principles of procedural fairness and the Rules of Court. The Contempt Order remains in force as the requirements for purging contempt, including payment of interest and costs, were not met.

Court Disposition

Appeal allowed; Discharge Order set aside; Contempt Order restored

Orders

  • The Appeal is allowed with costs to be assessed if not agreed.
  • The Discharge Order is set aside.