May 09, 2022 court of first instance - Orders
Claim No. CFI 012/2022
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
FOUR PRINCIPLES MANAGEMENT CONSULTING FZ LLC
Claimant
and
RED SEA INTERNATIONAL COMPANY
Defendant
DEFAULT JUDGMENT MADE BY H.E. JUSTICE MAHA AL MHEIRI
UPON the request made by the Claimant on 20 April 2022 for a Default Judgment against the Defendant in accordance with Part 13 of the Rules of the DIFC Courts (the “Request”) (“RDC”), it is found as follows:
1. The Request is not one prohibited under RDC 13.3 (1) or (2).
2. The Request is one permitted by RDC 13.4 on the basis that the Defendants have 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 Claimant filed a Certificate of Service in respect of the Defendant under RDC 9.43 on 11 March 2022.
4. The Claimant has followed the required procedure for obtaining Default Judgment (RDC 13.7, 13.8).
5. 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.
ACCORDINGLY, IT IS HEREBY ORDERED THAT:
6. The Request for Default Judgment is granted.
7. The Defendant shall pay to the Claimant within 14 days, from the date of this Order, the judgment sum of USD 2,050,234.53 comprising:
(i) USD 2,037,689 being the principal amount outstanding; and
(ii) USD 12,545.53 of outstanding interest, which has accrued at a rate which is the aggregate of: (1) three months LIBOR plus 5% per annum; and (2) default interest at a rate of 2% per annum, (quantified up to 19 April 2022).
8. In addition, pursuant to DIFC Courts Practice Direction 4 of 2017 the Defendant shall pay interest on the judgment sum to the Claimant from the date of this default judgment, until the date of full payment, at the rate of 9% annually, quantified at the daily rate of USD 505.53 until the date of payment.
9. The Defendant shall pay the Claimant’s costs of these proceedings in the amount of USD 57,809.28 which comprises: (1) the Claimant’s legal costs, until the date this request was fully pleaded in the amount of USD 45,493.32; and (2) costs of the Court filing fee in the amount of USD 12,315.96.
Issued by:
Nour Hineidi
Registrar
Date of issue: 9 May 2022
At: 10am
