July 01, 2021 court of first instance - Orders
Claim No. CFI 048/2021
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
EMIRATES REIT (CEIC) PLC
Claimant
and
(1) ROYAL VISION CAPITAL (DIFC) LIMITED
(2) ROYAL VISION ASSET MANAGEMENT LIMITED
(3) MATJAZ ZADRAVEC
(4) STEFAN FRIEB
Defendants
DEFAULT JUDGMENT MADE BY H.E. JUSTICR MAHA AL MHEIRI
UPON the request made by the Claimant on 14 June 2021 for a Default Judgment against the Defendants 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 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.
3. The Claimant filed a Certificate of Service in respect of the First Defendant under RDC 9.43 on 30 May 2021.
4. The Claimant filed a Certificate of Service in respect of the Second Defendant under RDC 9.43 on 30 May 2021.
5. The Claimant filed a Certificate of Service in respect of the Third Defendant under RDC 9.43 on 2 June 2021.
6. The Claimant has followed the required procedure for obtaining Default Judgment (RDC 13.7, 13.8).
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.
ACCORDINGLY, IT IS HEREBY ORDERED THAT:
8. The Request is granted.
9. The First, Second and Third Defendants (the “Defendants”) will jointly and severally pay the Claimant within 14 days, from the date of this Order, the judgment sum of AED 1,923,365.92 (the “Judgment Sum”)
10. In addition, pursuant to DIFC Courts Practice Direction No. 4 of 2017, the Defendants shall, jointly and severally, 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.
11. The Defendants shall jointly and severally pay the Claimant’s costs of these proceedings, comprising: (1) the Claimant’s legal costs up until the date this Request was fully pleaded; and (2) the Court filing fee (as a disbursement) paid by the Claimant in this Claim, to be assessed by the Registrar if not agreed.
Issued by:
Nour Hineidi
Registrar
Date of issue: 1 July 2021
At: 4pm
