February 07, 2022 court of first instance - Orders
Claim No. CFI 072/2021
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
SPAFAX AIRLINE NETWORK LIMITED
Claimant
and
IMG THEME PARK L.L.C.
Defendant
DEFAULT JUDGMENT MADE BY H.E. JUSTICE NASSIR AL NASSER
UPON the request made by the Claimant on 15 December 2021 for a Default Judgment (“Default Judgment”) in accordance with Rule 13.1 [(1) and (2)] of the Rules of the DIFC Courts (the “RDC”), it is found as follows:
1. The request is not one prohibited by RDC 13.3 [(1) or (2)].
2. The Defendant has filed an Acknowledgment of Service but has failed to file a Defence and the relevant time for so doing has expired (RDC 13.5(1)).
3. The Defendant 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 (RDC 13.6(3)).
4. The Claimant filed a Certificate of Service in accordance with RDC 9.43 on 21 September 2021.
5. The Claimant has followed the required procedure for obtaining Default Judgment [RDC 13.7 and 13.8].
6. The claim is for a specified sum of money and the request specifies the date by which the whole of the judgment debt is to be paid or the times and rate at which it is to be paid by instalments (RDC 13.9).
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.
8. The DIFC Courts are satisfied that the conditions of RDC 13.22 and RDC 13.23 [defendant served outside jurisdiction] have been met.
9. 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 13.22/13.23).
IT IS HEREBY ORDERED THAT:
10. The request is granted.
11. The Defendant shall pay the Claimant the total Outstanding Amount of US$ 1,378,006 immediately.
12. The Claimant’s claim of US$ 117, 940.33 towards pre-institution interest calculated at 6% p.a. from the date the claim became due till the Claim was filed which is 31 August 2021 is rejected.
13. The Claimant’s claim of US$ 23,426.10 towards pendente lite interest calculated at 6% p.a. from the date the claim i.e., (01 September 2021) till the date of the judgment is rejected.
14. The Defendant shall pay the Claimant interest at 9% from the date of judgment till the Claimant receives all the amounts claimed in this Case.
15. The Defendant is directed to reimburse the Claimant US$ 106,573.03 towards costs.
16. The Defendant is directed to reimburse the Claimant US$ 300 towards the Application fee for the Default Judgment.
17. The Defendant is directed to reimburse the Claimant the Cost of the Request from the date of filing the Request to the date of the judgment.
18. The Claimant shall serve this Judgment on the Defendant.
Issued by:
Nour Hineidi
Registrar
Date of Issue: 7 February 2022
At: 2pm
Schedule of Reasons
1. The Claimant claimed pre-institution and pendente lite interest at the rate of 6% per annum. However, the Claimant failed to provide any evidence on the rate claimed. Therefore, I have rejected the Claimant’s claims in relation to pre-institution and pendente lite interest at the rate of 6% per annum.
