QFC 005/2010

Omara v Al Mal Bank LLCIn the Matter of Al Mal Bank LLC (In Liquidation)-2

14 October 2010

In the name of His Highness Sheikh Hamad bin Khalifa Al-Thani, Emir of the State of Qatar

Justice Dohmann, Justice Lord Cullen, Justice Sackville:

THE COURT ORDERED THAT:

1. The Applicant's Particulars of Claim and the action dated 17th May 2010 be DISMISSED without prejudice to any counterclaim by the Liquidators against the Applicant, in the same proceedings;

2. In any such counterclaim proceedings, the evidence adduced on the application, before this Court, of the Liquidators under Article 95 of the QFC Insolvency Regulations, should stand as evidence in those proceedings and in any related application by the Liquidators in the insolvency counterclaim.

3. In any such counterclaim proceedings, the proceedings will be conducted on the basis that the only contract in force between the Applicant and the Bank was the “Short Form” Contract dated 25th May 2008, with a commencement date of 1st June 2008.

4. In the liquidation and any counterclaim proceedings, those proceedings should proceed on the basis that: