September 22, 2023 COURT OF FIRST INSTANCE - ORDERS
Claim No. CFI 010/2023
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
MIKHART
Claimant
and
MERAF
Defendant
ORDER WITH REASONS OF JUSTICE SIR PETER GROSS
UPON the Claimant’s Part 8 Claim Form dated 1 February 2023 (the “Claim”)
AND UPON the Judgment of Justice Sir Peter Gross dated 5 July 2023
AND UPON the Costs hearing held before Justice Sir Peter Gross on 21 September 2023 (the “Hearing”)
AND UPON reviewing the case file
IT IS HEREBY ORDERED THAT:
1. The Defendant shall pay the Claimant the amount of AED 341,675.95 for accrued interest as of 21 September 2023, within 21 days of this Order.
2. The Defendant shall pay the Claimant its costs of this Claim amounting to AED 23,136.75 within 21 days of this Order.
3. The Defendant shall pay the Claimant such additional interest as has accrued from 21 September 2023 at a daily rate of AED 599.63.
Issued by:
Hayley Norton
Assistant Registrar
Date of Issue: 22 September 2023
At: 12pm
SCHEDULE OF REASONS
1. In this matter I gave a Judgment, dated 5 July 2023 (the “Judgment”), in favour of the Claimant on the principal sums claimed in the amount of AED 899,462.
2. The facts appear from the Judgment and need not be repeated here.
3. As to interest and costs, in addition to directing that this Hearing be listed, I gave directions in the Judgment as follows:
“3. 7 days in advance of the Interest and Costs Hearing, the Claimant shall deliver to the Defendant and the Court a skeleton argument addressing interest and costs.
(a) The Claimant shall calculate the interest it claims is due to it up until the date of the Interest and Costs Hearing and include that calculation in the skeleton argument.
(b) With regard to costs, the skeleton argument should make such short submissions as are appropriate going to the Claimant’s entitlement to an order for costs, together with the amount of costs claimed.
4. If the Defendant objects to the Claimant’s claim for interest and costs, it must produce a skeleton argument to be delivered to the Claimant and the Court, 2 days in advance of the Interest and Costs Hearing. The Defendant will in any event be at liberty to attend the Interest and Costs Hearing.”
4. The Claimant has provided a Skeleton Argument, dated 14 September 2023 (the “Skeleton Argument”). The Defendant has not and has not attended the Hearing either. For completeness, Mastu (who appeared at the Hearing for the Claimant under the supervision of Mr. Mepit) told me that there had been some discussions with the Defendant but these had not gone anywhere. No more need be said of them.
5. Further, the Defendant has neither (i) paid the principal sum or any part of it; nor (ii) responded to communications from the Registry.
6. The Claimant now claims AED 341,675.95 accrued interest as of 21 September 2023 and AED 23,136.75 in costs, for the reasons and as set out in its Skeleton Argument.
7. The interest sums appear to be accurately calculated. It is fair to record, again as Mr. Mastu told me, that the sums claimed today differ from those in the Particulars of Claim. The reason is that although the Particulars of Claim correctly recorded the interest claimed as “2% per month”, the calculation in the Particulars of Claim erroneously reflected 2% per annum, rather than 2% per month. The sums now claimed tally arithmetically with 2% per month.
8. The costs are essentially court costs.
9. In my judgment, the Claimant is entitled to an order that the Defendant pay those sums for interest and costs as now claimed by the Claimant, within 21 days of the date of this Order.
10. Interest continues to accrue from 21 September 2023, until payment at the day rate of AED 599.63 and the Defendant is liable to pay the Claimant any such additional sums as have accrued.