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CFI 009/2011 - Order
May 08, 2011 court of first instance - Orders,Orders
AND UPON the request for a Default Judgment received from the Claimant dated 21 April 2011;
Background
1. On March 31, 2011 the Claimant filed a Claim Form 7/01 with the DIFC Courts in which the amount said to be claimed was marked as "TBD", meaning that such amount was to be determined by the Courts during the course of, or at the end of, the claim.
2. On April 21, 2011, the Claimant filed a Request for Default Judgment in the amount of US$ 41,057,863 using Form 13/01. In that form it was stated that the Defendant had not filed an admission, acknowledgment of service or defence to the claim and that the time for doing so had expired.
3. Rule 13.8 (2) of the Rules of the DIFC Courts provides that in respect of a claim where an amount of money is to be decided by the Court, requests for Default Judgment "must be in form 13/02"