April 23, 2020 court of first instance - Orders
Claim No. CFI 015/2020
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
MOHAMMAD JUMA KHAMIS BUAMAIM
and
FALCON GOLF MANAGEMENT
Defendant/Counter Claimant
DEFAULT JUDGMENT MADE BY JUDICIAL OFFICER NASSIR AL NASSER
UPON the request made by the Defendant on 21 April 2020 for a Default Judgment (“Default Judgment Application”) pursuant to Rule 13.1 (1) and (2) of the Rules of the DIFC Courts (“RDC”) (the “Request”), it is found as follows:
1. The Request is not one prohibited by RDC 13.3 (1) or (2).
2. The Claimant 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 Claimant has not: (i) applied to the DIFC Courts to have the Defendant’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 Defendant is seeking judgment; or (iii) filed or served on the Defendant 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 20 April 2020.
5. The Defendant 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 is satisfied that the conditions of RDC 13.22 and RDC 13.23 [Claimant served outside jurisdiction] have been met.
9. The Defendant 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 and 13.23).
ACCORDINGLY IT IS HEREBY ORDERED THAT:
10. The Request is granted.
11. The Claimant shall pay the Defendant the sum of USD 2,000,000.
12. The Claimant shall pay the Defendant interest at the rate of 1.81% EIBOR in the sum of USD 79,228.84 calculated from the date the instalment was paid to the Claimant on 1 April 2017 up to the date the Defendant filed its counterclaim on 9 March 2020.
13. The Claimant shall pay the Defendant post judgment interest at the rate of 9% per annum, pursuant to Practice Direction 4 of 2017, from the date this judgment is issued until the date of full payment.
14. Liberty to apply.
Issued by:
Nour Hineidi
Date of issue: 23 April 2020
At: 3pm
