April 27, 2023 COURT OF FIRST INSTANCE - ORDERS
Claim No. CFI 011/2023
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
(1) WOLFFKRAN ARABIA LLC
(2) WOLFFKRAN ARABIA LLC – DUBAI BRANCH
Claimants
and
DUBCO CONSTRUCTION (L.L.C.)
Defendant
DEFAULT JUDGMENT OF JUDICIAL OFFICER MAITHA ALSHEHHI
UPON the request made by the Claimant on 25 April 2023 and amended on 27 April 2023 (the “Request”) for a Default Judgment in accordance with Rule 13.1 (1) and (2) of the Rules of the DIFC Courts (“RDC”) against the Defendant, it is found as follows:
1. The Request is not one prohibited by RDC 13.3.
2. The Request is one permitted by RDC 13.4 on the basis that 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.
3. The Defendant has not: (i) applied to the DIFC Courts to have the Claimants’ 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 Claimants are seeking judgment; or (iii) filed or served on the Claimants an admission under RDC 15.14 or 15.24 together with a request for time to pay in accordance with RDC 13.6(3).
4. The Claimants filed a Certificate of Service in accordance with RDC 9.36 on 1 March 2023.
5. The Claimants have followed the required procedure for obtaining Default Judgment in accordance with 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 installments in accordance with RDC 13.9.
7. The Request includes a request for interest pursuant to RDC 13.14 and the interest calculation spreadsheet filed in support of the Request for Default Judgment sets out the calculation of interest in the claim.
8. The DIFC Courts are satisfied that the conditions as set out in RDC 13.22 have been met.
ACCORDINGLY, IT IS HEREBY ORDERED THAT:
1. The Request is granted.
2. The Defendant shall pay the Claimants, within 14 days from the date of this Order, the sum of AED 743,586 together with interest on that amount from various dates in the sum of AED 157,025.77, as set out in the interest calculation spreadsheet.
3. The Defendant shall pay the Claimants’ interest on the said sums pursuant to the relevant laws within RDC 13.14(2) from the date of this Order until the date of full payment.
4. The Defendant shall pay the Claimants’ costs of these proceedings in the amount of AED 83,094.91 which comprises: (1) AED 70,082.14 the Claimants’ legal costs and disbursements; and (2) AED 13,012.77 costs of the Court filing fee.
5. The Claimants shall serve this Order upon the Defendant.
Issued by:
Delvin Sumo
Assistant Registrar
Date of issue: 27 April 2023
At:1pm