January 10, 2023 COURT OF FIRST INSTANCE - ORDERS
Claim No. CFI 020/2022
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
ACCURACY MIDDLE EAST ADVISORY LTD
Claimant
and
ANABEL DEBELAK
Defendant
DEFAULT JUDGMENT OF H.E. JUSTICE MAHA AL MHEIRI
UPON the request made by the Claimant dated 16 December 2022 for a Default Judgment against the Defendant in accordance with Part 13 of the Rules of the DIFC Courts (the “Request”) (“RDC”)
AND UPON the Claimant filing further submissions dated 3 January 2023, it is found as follows:
1. The Request is not one prohibited under 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 Claimant has filed a Certificate of Service in respect of service on the Defendant pursuant to RDC 9.43. Service was effected on 19 October 2022.
4. The Claimant has followed the required procedure for obtaining Default Judgment (pursuant to RDC 13.7 and 13.8).
ACCORDINGLY, IT IS HEREBY ORDERED THAT:
5. The Request for Default Judgment is granted.
6. The Defendant shall pay the Claimant within 14 days, from the date of this Order, the judgment sum of AUD 910,188.79 comprising:
(i) AUD 819,152.98 being the outstanding principal amount; and
(ii) AUD 91,709.07 being the outstanding late payment charges as of 9 January 2023.
7. In addition, pursuant to the Engagement Letter dated 1 June 2020 the Defendant shall pay the Claimant late payment charges from 10 January 2023, until the date of full payment, accruing at the daily rate of AUD 112.21.
8. The Defendant shall pay the Claimant’s costs of these proceedings including (1) the Claimant’s legal costs, until the date this request was fully pleaded; and (2) costs of the Court filing fee.
Issued by:
Delvin Sumo
Assistant Registrar
Date of issue: 10 January 2023
At: 8am