August 31, 2022 COURT OF FIRST INSTANCE - ORDERS
Claim No. CFI 029/2022
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
SMIT LAMNALCO LIMITED
Claimant
and
AIROLINK INTERNATIONAL CONSTRUCTION LLC
Defendant
DEFAULT JUDGMENT OF H.E. JUSTICE MAHA AL MHEIRI
UPON the request made by the Claimant on 29 August 2022 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 25 May 2022.
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 and the Claim Form sets out the calculation of interest in the claim.
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 AED 1,241,612 comprising:
(i) AED 1,057,875 (being the principal sum owed by the Defendant to the Claimant); and
(ii) AED 75,224 (being the interest on the respective unpaid invoices which make up the said sum with the respective 3 month quarterly Emirates Interbank Offer Rates (quantified up to 25 September 2022)).
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 in the amount of AED 108,513 which comprises: (1) the Claimant’s legal costs until the date this request was fully pleaded; and (2) costs of the Court filing fee.
Issued by:
Ayesha Bin Kalban
Deputy Registrar
Date of issue: 31 August 2022
At: 8:20am
