DIFC 014/2022
Gulf Wings FZE v A And K Trading Limited And (1) Mr Kamel Abou Aly (2) Mr Ahmed Abouhashima
Type
Case
Court
Dubai International Financial Centre - Court of Appeal
Jurisdiction
Dubai International Financial Centre
Taxonomy
Aviation (Transport Law), Contempt, Litigation Procedure & Practice
Decision date
12 Dec 2022
Panel
Chief Justice Zaki Azmi, Justice Lord Angus Glennie and Justice Sir Peter Gross
Catchwords
Freezing Order - Plane - Debt - Contempt - Discharge - Notification - Escrow Amount
This case involved contempt orders after a freezing order over a plane put in place because of a debt was breached and the plane taken to Malta. This case was an appeal against a decision to issue a contempt discharge order. Key points included that the claimant in this appeal had not been notified of the proceedings and the reason for the discharge order had been a payment into an escrow account which did not cover all amounts then due.
Background
This case was an appeal by the Claimant, Gulf Wings FZE against the Discharge Order pronounced by H.E. Deputy Chief Justice Ali Al Madhani on 5 September 2022 discharging (or setting aside) a Contempt Order made by Justice Sir Jeremy Cooke on 11 March 2022as it concerned Mr Abou Aly.