April 16, 2020 court of first instance - Orders
Claim No. CFI 077/2019
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
CATERPILLAR FINANCIAL SERVICES (DUBAI) LIMITED
and
(1) GRAND GATE TRANSPORT ESTABLISHMENT
(2) ADEL MUFTAH HAMDAN MUFTAH ALRASTAQI
Defendants
DEFAULT JUDGMENT MADE BY JUDICIAL OFFICER NASSIR AL NASSER
UPON the request made by the Claimant on 9 April 2020 for a Default Judgment in accordance with Rule 13.1 (1) and (2) of the Rules of the DIFC Courts (“RDC”) (the “Request”), it is found as follows:
1. The Request is not one prohibited by RDC 13.3 (1) or (2).
2. The Defendant has 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 (RDC 13.4).
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 14 January 2020.
5. The Claimant has followed the required procedure for obtaining Default Judgment pursuant (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 Amended 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 and 13.23).
ACCORDINGLY IT IS HEREBY ORDERED THAT:
10. The Request is granted.
11. The Defendants jointly and/or severally are ordered to pay the Claimant the sum of USD885,008, being the principal amount of the advances outstanding under the Loan & Security Agreements (as defined in the Amended Claim Form).
12. The Defendants are ordered to pay the Claimant interest at the default rate of 1.5% per month on those late instalments of payments under the loan advances (pursuant to clause 3.3 of the Loan & Security Agreements), in the amount of USD 170,327.96, calculated from the dates that the Defendants defaulted under the Loan & Security Agreements until 1 April 2020 and continuing to accrue at a rate of interest of USD 436.44 per day up to date of full payment.
13. The Defendants shall pay the Claimant all of its legal costs (including Court fees and all other costs and/or expenses of enforcing the Claimant’s rights to the fullest extent permitted under the Loan & Security Agreement, personal guarantee and/or pledge Agreements), to be assessed by a Registrar if not agreed.
14. The title and the ownership of the vehicles listed in schedule 1 to the Loan & Security Agreements bearing registration numbers 60897, 60899, 60896, 60895 and 60898 (the “Vehicles”) are to be transferred from the Defendants to the Claimant’s security agent, to enable the Claimant’s security agent to sell the vehicles.
15. That possession of the Vehicles be given to the Claimant.
16. The Claimant or its security agent is permitted to sell the Vehicles, on condition that: (a) any amount recovered from the sale of the Vehicles will reduce the amount due from the Defendants to the Claimant; and (b) should the sale of the Vehicles result in recovery in excess of the amount due to the Claimant, such excess will be paid to the Defendants.
17. The Claimant shall serve this order on the Defendants as soon as practicable.
Issued by:
Nour Hineidi
Date of issue: 16 April 2020
Time: 12pm
