June 13, 2018 court of first instance - Orders
Claim No. CFI-005-2018
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
DREES & SOMMER GULF FZ LLC
and
TOSCANA INVESTMENT & MANAGEMENT LLC
DEFAULT JUDGMENT OF JUDICIAL OFFICER NASSIR AL NASSER
UPON the request made by the Claimant on 5 June 2018 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 filed an Acknowledgment of Service.
3 . The Defendant has filed a Defence.
4. A CMC was held on 12 April 2018, both the Claimant and Defendant attended the CMC.
5. The Court at the hearing adjourned the CMC and directed the Claimant to file evidenced Particulars of Claim and that the Defendant shall have the opportunity to respond should it wish to do so, thereafter, the Registry will list a CMC.
6. On 8 May 2018, the Claimant filed an evidenced Particulars of claim.
7. The Defendant did not file a defence to the evidenced Particulars of claim on the deadline set out in the RDC
8. On 5 June 2018, the Claimant filed a Request for Default Judgment on the basis that the Defendant did not file a defence to the evidenced Particulars of claim filed on 8 May 2018.
ACCORDINGLY IT IS HEREBY ORDERED THAT:
9. The Request is denied, as the Defendant is not required to file a defence pursuant to the directions handed down at the CMC held on 12 April 2018.
10. The Registry shall list a CMC hearing.
11. The Claimant shall bear the costs of this application.
Issued by:
Nassir Al Nasser
Judicial Officer
Date of Issue: 13 June 2018
At: 10am
