January 18, 2015 court of first instance - Orders,Orders
Claim No: CFI 034/2014
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
DAVID LAWRENCE HAIGH
and
(1) GFH CAPITAL LIMITED
(2) HISHAM AL RAYES
Defendants
DEFAULT JUDGMENT
UPON the request made by the Claimant on 15 January 2015 for a Default Judgment in accordance with Rule 13.5(1) of the Rules of the DIFC Courts (“RDC”), which reads:
“Judgment in default of defence may be obtained only: (1) where an acknowledgment of service has been filed but a Defence has not been filed…and…the relevant time for doing so has expired.”
AND noting that the Defendants’ Defence lodged on 15 January 2015 was filed in accordance with Part 16 of the RDC.
IT IS HEREBY ORDERED THAT:
1. The Request for Default Judgment is rejected on the basis that the conditions in RDC 13.5(1) have not been satisfied.
2. Each party shall bear their own costs.
Issued by:
Maha AlMehairi
Judicial Officer
Date of issue: 18 January 2015
At: 4pm
