May 02, 2023 COURT OF FIRST INSTANCE - ORDERS
Claim No. CFI 062/2022
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
VISTA CAPITAL GOODS WHOLESALERS LLC
Claimant
and
(1) FORTAUNSA B.V
(2) TAUNSA AGROPECAUIRA LTDA
Defendants
DEFAULT JUDGMENT OF JUDICIAL OFFICER MAITHA ALSHEHHI
UPON the claim having been filed on 21 September 2022
AND UPON the request made by the Claimant on 1 May 2023 (the “Request”) for a Default Judgment in accordance with Rule 13.1(1) of the Rules of the DIFC Courts (“RDC”) against the Defendants and the accompanying affidavit of Moaz Forawi dated 28 April 2023 and the Exhibit MF2
AND UPON reviewing the Settlement Agreement dated 20 December 2021 entered into by the Claimant and the Defendants (the “Settlement Agreement”), it is found as follows:
1. The Request is not one prohibited by RDC 13.3.
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 Defendants have 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 4 January 2023 in respect of the First Defendant.
5. The Claimant filed a Certificate of Service in accordance with RDC 9.43 on 6 March 2023 and 3 April 2023 in respect of the Second Defendant.
6. The Claimant has followed the required procedure for obtaining Default Judgment in accordance with RDC 13.7 and 13.8.
7. The claim is for a specified sum of money and the Request specifies that the whole of the judgment debt is to be paid immediately in accordance with RDC 13.9 and 13.10.
8. 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.
9. The DIFC Courts are satisfied that the conditions of RDC 13.22 and RDC 13.23 have been met.
10. The Claimant has 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 and 13.23).
ACCORDINGLY, IT IS HEREBY ORDERED THAT:
1. The Request is granted.
2. The Defendants are held to be jointly and severally liable under the Settlement Agreement for sums due thereunder, which they have till date failed to pay (the “Debt”) and it is further held that the Debt is enforceable as against the Defendants, whether jointly or severally.
3. The Defendants shall jointly and severally pay the Claimant, within 14 days from the date of this Order, the following amounts:
(a) The principal amount of USD 17,386,475.25 being the Debt under the Settlement Agreement;
(b) Interest on the principal amount at the rate of 1% per month compounded monthly commencing from 2 August 2021, amounting to USD 4,026,333.52 as of 28 April 2023 and continuing to accrue at a daily rate of USD 7,071.60 for the month of April 2023 and thereafter at a daily rate of USD 6,911.92 for the month of May 2023; and
(c) Post judgment interest at the rate of 1% per month compounded monthly (being the contractual rate of interest under the Settlement Agreement).
1. The Defendants shall jointly and severally pay the Claimant’s costs of and occasioned by this claim, to be assessed by a Registrar on the standard basis if not agreed.
2. The Claimant shall serve this Order upon the Defendants.
Issued by:
Hayley Norton
Assistant Registrar
Date of Issue: 2 May 2023
At: 3pm