November 08, 2018 COURT OF FIRST INSTANCE - JUDGMENT
Claim No. CFI 055/2018
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
CATERPILLAR FINANCIAL SERVICES (DUBAI) LIMITED
Claimant
and
(1) NATIONAL GULF CONSTRUCTIONS LLC
(2) NATIONAL GULF INVESTMENT LLC
Defendants
DEFAULT JUDGMENT MADE BY JUDICIAL OFFICER NASSIR AL NASSER
UPON the request made by the Claimant on 31 October 2018 for a Default Judgment in accordance with Rule 13.1 (1) and (2) of the Rules of the DIFC Courts (“RDC”), 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 so doing has expired (RDC 13.4).
3. The Defendant has not: (i) applied to the DIFC Courts to have the Claimant’s statement of case struck out under RDC 4.16; or for immediate judgment under RDC Part 24 (RDC 13.6(1)); (ii) satisfied the whole claim (including any claim for costs) on which the Claimant is seeking judgment; or (iii) filed or served on the Claimant an admission under RDC 15.14 or 15.24 together with a request for time to pay (RDC 13.6(3)).
4. The Claimant filed a Certificate of Service in accordance with RDC 9.43 on 16 October 2018.
5. The Claimant has followed the required procedure for obtaining Default Judgment RDC 13.7 and 13.8.
6. The claim is for a specified sum of money and the request specifies the date by which the whole of the judgment debt is to be paid or the times and rate at which it is to be paid by instalments (RDC 13.9).
7. The request includes a request for interest pursuant to RDC 13.14 and the Claim Form sets out the calculation of interest in the claim.
8. The DIFC Courts are satisfied that the conditions of RDC 13.22 and RDC 13.23 defendant served outside jurisdiction have been met.
9. The Claimant has 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 13.22/13.23).
ACCORDINGLY IT IS HEREBY ORDERED THAT:
10. The request is granted.
11. The Defendants are ordered to pay the Claimant the amount of USD 12,022,847.23 within 14 days, which consists of:
a. The principal amount of the loan outstanding under the Agreement in the sum of USD 11,512,487.26;
b. Interest at a rate of 1.5% per month in the sum of USD 477,064.97 up to 29 August 2018 and continuing to accrue at a daily rate of USD 6.34 until the date of full payment; and
c. Legal costs in the sum of USD 33,295.00.
Issued by:
Nassir Al Nasser
Judicial Officer
Date of Issue: 8 November 2018
At: 1pm
