June 14, 2023 court of first instance - Orders
Claim No. CFI 025/2023
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
(1) MARKO KRALJ
(2) BARBARA KRALJ
Claimants
and
(1) ROYAL VISION INTELLIGENT FUND LIMITED
(2) ROYAL VISION HOLDING
(3) ROYAL VISION HOLDING LIMITED
(4) ROYAL VISION CAPITAL (DIFC) LIMITED
(5) DANYLO SHAMATAVA
(6) STEFAN FRIEB
Defendants
DEFAULT JUDGMENT OF H.E. JUSTICE NASSIR AL NASSER
UPON the request made by the Claimant on 2 June 2023 for a Default Judgment (the “Request”) in accordance with 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 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 in accordance with RDC 13.4.
3. The Defendants 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 in accordance with RDC 13.6(3).
4. The Claimant filed a Certificate of Service in accordance with RDC 9.43 on 19 May 2023.
5. The DIFC Courts are not satisfied that the conditions of RDC 13.22 and RDC 13.23 have been met.
6. 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 in accordance with RDC 13.22/13.23.
ACCORDINGLY, IT IS HEREBY ORDERED THAT:
7. The Request is denied.
8. The Claimants shall bear their own costs.
Issued by:
Delvin Sumo
Assistant Registrar
Date of Issue: 14 June 2023
At: 3pm