March 15, 2020 court of first instance - Orders
Claim No. CFI 009/2020
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
ALI MOUSA & SONS ALUMINIUM INDUsTRIES
and
SUN ENGINEERING & CONTRACTING LLC
DEFAULT JUDGMENT MADE BY JUDICIAL OFFICER NASSIR AL NASSER
UPON the request made by the Claimant on 4 March 2020 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 3 February 2020.
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 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 13.22/13.23).
ACCORDINGLY IT IS HEREBY ORDERED THAT:
10. The request is granted.
11. The Defendant is ordered to pay the Claimant the amount of AED 10,373,747.50 which consist of the following:
a. The sum of AED 2,802,250 pursuant to the Agreement dated 7 May 2015 for Project I; and
b. The sum of AED 7,061,497.50 pursuant to the Agreement dated 4 December 2014 for Project II.
12. The sum in paragraph 10 above is subject to interest at the rate of 9% from the date of the Judgment is entered until the date of full payment pursuant to DIFC Courts Practice Direction No. 4 of 2017
13. The Defendant shall return back the guarantee cheque no. 1824 drawn on Emirates Islamic Bank to the Claimant which is worth the sum of AED 510,000 issued as per the Agreement dated 7 May 2015 for Project I.
14. The Defendant shall return back the guarantee cheque no. 1697 drawn on Emirates Islamic Bank to the Claimant which is worth the sum of AED 1,385,008 issued as per the Agreement dated 4 December 2014 for Project II.
15. The Defendant shall pay the Claimant the Court fees in the sum of USD 39,123.55.
16. The Claimant shall file a statement of cost in relation to his legal costs to be assessed by the Registrar.
17. The Claimant shall serve this order on the Defendant.
Issued by:
Nour Hineidi
Date of Issue: 15 March 2020
At: 4pm
