Tetyana Glukhora v Espoir Flower Boutique LTD [2019]

COURT OF FIRST INSTANCE EMPLOYMENT DIVISION

BETWEEN

TETYANA GLUKHOVA CLAIMANT

AND

ESPOIR FLOWER BOUTIQUE LTD DEFENDANT

JUDGMENT OF JUSTICE SIR MICHAEL BURTON

ABU DHABI GLOBAL MARKET COURTS

Neutral Citation:

[2019] ADGMCFI 0002

Before:

Justice Sir Michael Burton

Decision Date:

14 March 2019

Decision:

The Claimant must pay the Defendant's costs of its strike out application in the sum of AED10,000, within 21 days.

Hearing Date(s):

No hearing

Date of Orders:

Catchwords:

Employment. Wrongful dismissal. Costs.

Case Number:

ADGMCFI-2018-011

Parties and Representation:

STA Law Firm for the Claimant

SOL International Ltd for the Defendant

JUDGMENT

1. After consideration of the parties' submissions filed on 4, 11 and 14 March 2019, the Court makes the following Judgment in respect of the costs of the Defendant's strike out application consequent upon the Judgment dated 25 February 2019.
2. The Defendant's strike out application was justified, in the face of the opportunities which the Claimant had to recognise the difficulties her pleaded case faced, and amend accordingly. The striking out eliminated matters which were unarguable, thereby saving time and costs in the preparation of what is a relatively small claim.
3. Applying the principles and practice referred to by the parties, I conclude that the Claimant must pay the Defendant the sum of AED10,000 in respect of the costs of the application, within 21 days.

Issued by:

Linda Fitz-Alan Registrar, ADGM Courts 14 March 2019