April 25, 2018 court of first instance - Orders
Claim No. CFI-006-2018
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
MAYER BROWN LLP (DIFC BRANCH)
and
BIN BUTTI INTERNATIONAL HOLDINGS LLC
DEFAULT JUDGMENT OF JUDICIAL OFFICER NASSIR AL NASSER
UPON the request made by the Claimant on 11 April 2018 for a Default Judgment (the “Request”) 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 25 February 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 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 and (ii) no other court has exclusive jurisdiction to hear and decide the claim.
8. The DIFC Courts are not satisfied that the conditions of RDC 136.22 and RDC 13.23 have been met.
ACCORDINGLY IT IS HEREBY ORDERED THAT:
9. The Request is dismissed.
10. The Claimant shall serve the claim form on the Defendant in accordance with the law of the place which it is to be served.
11. The Claimant shall bear the costs of this application.
Issued by:
Ayesha Bin Kalban
Assistant Registrar
Date of Issue: 25 April 2018
At: 2pm
