November 08, 2021 court of first instance - Orders
Claim No. CFI 083/2021
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
FIBERTECH FIBRE GLASS PRODUCT TR. LLC
Claimant
and
MINT CREATIVE PRODUCTION LLC
Defendant
DEFAULT JUDGMENT MADE BY H.E. JUSTICE NASSIR AL NASSER
UPON the request made by the Claimant on 3 November 2021 for a Default Judgment (the “Request”) in accordance with Rule 13.1 [(1) and (2)] of the Rules of the DIFC Courts (“RDC”), 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 1 November 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).
ACCORDINGLY, IT IS HEREBY ORDERED THAT:
1. The Request is granted.
2. The Defendants shall pay to the Claimant within 14 days of the date of this Order the sum of AED 774,692.49 [(United) Arab Emirates Dirham Seven Hundred Seventy-Four Thousand Six Hundred Ninety-Two and Forty-Nine Fills Only], being the aggregate of the principal and guaranteed sums owing by the Defendant to the Claimant (the “Judgment Sum”).
3. Pursuant to Practice Direction No. 4 of 2017 the Defendants shall pay interest on the judgment sum to the Claimant from the date of this default judgment at the rate of 9% annually until the date of payment.
4. The Defendant shall pay the costs of the Claimant to be assessed by the Registrar on the standard basis, if not agreed.
5. The Claimant shall serve this Order on the Defendant.
Issued by:
Nour Hineidi
Registrar
Date of Issue: 8 November 2021
At: 10am
