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Claim No. CFI 021/2021

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE COURT OF FIRST INSTANCE

BETWEEN

BERGER PAINTS EMIRATES LTD CO LLC

Claimant

and

ARABTEC CONSTRUCTION LLC

Defendant

ORDER OF H.E JUSTICE NASSIR AL NASSER

UPON the request made by the Claimant on 28 April 2021 for a Default Judgment (“Request pursuant to Rule 13.1 (1) and (2) of the Rules of the DIFC Courts (“RDC”), it is found as follows:

1. The Request is not one prohibited by RDC 13.3 [(1) or (2)].

2. 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 (RDC 13.4).

3. The Defendant has not: (i) applied to the DIFC Courts to have the Claimant’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 Claimant is seeking judgment; or (iii) filed or served on the Claimant 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 5 April 2021.

5. The Claimant 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. I am not satisfied that the conditions of RDC 13.22 and RDC 13.23 [defendant served outside jurisdiction] have been met.

9. The Claimant has not 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 13.22/13.23).

ACCORDINGLY, IT IS HEREBY ORDERED THAT:

1. The Request is denied.

2. The Claimant shall bear its own costs.

Issued by:
Nour Hineidi
Registrar
Date of Issue: 2 May 2021
At: 12.30pm