November 10, 2021 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 LTD
Claimant
and
IMG THEME PARK L.L.C.
Defendant
ORDER OF THE REGISTRAR NOUR HINEIDI
UPON this claim being filed on 5 September 2021 in the Court of First Instance as a Part 8 claim
AND UPON the Defendant’s failure to file a response in the current case and a statement of evidence in response to the particulars
AND UPON the Registry’s direction for the Claimant to provide submissions as to why the claim was filed under the Part 8 process as opposed to the Part 7 process by email on 26 October 2021
AND PURSUANT TO Part 8 of the Rules of the DIFC Courts (“RDC”)
IT IS HEREBY ORDERED THAT:
1. Pursuant to Rule 8.4 of the Rules of the DIFC Courts (“RDC”), the Claim is transferred to a Part 7 claim and shall be progressed through the procedure applicable to Part 7 claims.
2. Service of the Part 7 claim form is dispensed with on the basis that the Part 8 claim form was effectively served on 9 September 2021.
3. Neither the defence, nor any evidence in response to the Part 8 claim form, was filed by the Defendant, in this case, and the time for filing a defence or evidence in response to the Part 8 claim has hereby lapsed.
Issued by:
Nour Hineidi
Registrar
Date of Issue: 10 November 2021
At: 8am