March 30, 2020 Court of First Instance -Judgments
Claim No. CFI 091/2019
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
(1) DARIO COSTANTINO SPALLONE
(2) MATTIA BODINI
Claimants
and
ALESSANDRO PEDERSOLI
DEFAULT JUDGMENT MADE BY JUDICIAL OFFICER NASSIR AL NASSER
UPON the request made by the Claimants on 24 March 2020 for a Default Judgment in accordance with Rule 13.1 (1) and (2) of the Rules of the DIFC Courts (“RDC”) (the ”Request”), it is found as follows:
1. The Request is not one prohibited by RDC 13.3 (1) or (2).
2. The Defendant has failed to file an Acknowledgment of Service or a Defence to the claim (or any part of the claim) with the DIFC Courts and the relevant time for doing so has expired (RDC 13.4).
3. The Claimant filed a Certificate of Service pursuant to RDC 9.43 on 27 February 2020.
4. The Claimant has followed the required procedure for obtaining Default Judgment (RDC 13.7 and 13.8).
5. The DIFC Courts are satisfied that the conditions of RDC 13.22 and RDC 13.23 [Defendant served outside jurisdiction] have been met.
6. The Claimant has submitted evidence, as required by RDC 13.24, that: (i) the claim is one that the DIFC Courts have power to hear and decide; (ii) no other court has exclusive jurisdiction to hear and decide the claim; and (iii) the claim has been properly served (RDC 13.22 and 13.23).
ACCORDINGLY IT IS HEREBY ORDERED THAT:
7. The Request is granted.
8. The Defendant is ordered to transfer his shares in, Luminal Agency FZ-LLC, to the Claimant. The Claimant shall pay the Defendant AED 22,000, being a nominal amount for the transfer of shares.
9. The Defendant shall pay the Claimants the costs of the claim, to be assessed by the Registrar, if not agreed.
10. The Claimants shall serve this order on the Defendant.
Issued by:
Nour Hineidi
Date of Issue: 29 March 2020
At: 4pm
