April 17, 2023 COURT OF FIRST INSTANCE - ORDERS
Claim No. CFI 016/2023
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
ATLE SEBJORNSEN
Claimant
and
AURUM LEASING LIMITED
Defendant
DEFAULT JUDGMENT OF H.E. JUSTICE MAHA AL MHEIRI
UPON the request made by the Claimant on 6 April 2023 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 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 Claimant filed a Certificate of Service in respect of the Defendant under RDC 9.43 on 4 April 2023.
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.
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 1,740,000.
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.
9. The Defendant shall pay the Claimant’s costs of these proceedings which comprises of: (1) USD 35,852.13 for the Claimant’s legal costs, until the date this request was fully pleaded; and (2) USD 12,095 costs of the Court filing fees.
Issued by:
Hayley Norton
Assistant Registrar
Date of issue: 17 April 2023
At: 2pm