Caterpillar Financial Services (Dubai) Limited v (1) National Gulf Constructions LLC (2) National Gulf Investment LLC [2024] DIFC CFI 055 (14 February 2024)

The parties have amicably resolved all disputes and entered into a binding settlement agreement; accordingly, all prior judgments and orders are set aside, proceedings discontinued, and each party bears its own costs.

Citation: [2024] DIFC CFI 055
Parties: Claimant/respondent: Caterpillar Financial Services (Dubai) Limited; Defendant/applicant: National Gulf Constructions LLC; Defendant/applicant: National Gulf Investment LLC
Jurisdiction: United Arab Emirates
Judgment Date: 14 February 2024
Procedural Posture: Civil / Consent Order; Post Judgment Settlement
Outcome: proceedings discontinued by consent; prior judgments and orders set aside; costs borne by each party
Legal Topics: Settlement, Discontinuance, Appeal Waiver, Costs

Civil Procedure Settlement Discontinuance Appeal Waiver Costs

Case Brief

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Parties

Caterpillar Financial Services (Dubai) Limited

Claimant/respondent

National Gulf Constructions LLC

Defendant/applicant

National Gulf Investment LLC

Defendant/applicant

Procedural Posture

Civil / Consent Order; Post Judgment Settlement

Legal Issues

1 Whether the parties have reached a binding settlement resolving all disputes
2 Whether prior judgments and orders should be set aside
3 Whether appeal rights are waived

Ratio Decidendi

Court Disposition

proceedings discontinued by consent; prior judgments and orders set aside; costs borne by each party

Orders

Defendants waive right to commence any appeal proceedings and prior permission to appeal is set aside
Proceedings are discontinued