February 08, 2024 COURT OF FIRST INSTANCE - ORDERS
Claim No. CFI 092/2023
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
GIBSON CONSULTANTS LTD
Claimant
and
THE EMIRATES CAPITAL LIMITED
Defendant
DEFAULT JUDGMENT OF JUDICIAL OFFICER MAITHA AL SHEHHI
UPON the Request made by the Claimant on 30 January 2024 (the "Request") for a Default Judgment in accordance with Rule 13.1(2) of the Rules of the DIFC Courts (the "RDC") and the accompanying witness statement of Mr. Morris dated 29 January 2024
AND UPON the Defendant’s failure to file a defence on 23 January 2024 pursuant to the Consent Order dated 15 January 2024, it is found as follows:
1. The Request is not one prohibited by RDC 13.3.
2. The Request is one permitted by RDC 13.5(1) on the basis that the Defendant has failed to file 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 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 or any part of the claim (including any claim for costs) on which the Claimant is seeking judgment (RDC 13.6(2)); 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 12 December 2023.
5. The Claimant has followed the required procedure for obtaining Default Judgment in accordance with RDC 13.7 and 13.8.
6. The DIFC Courts are satisfied that the conditions as set out in RDC 13.22 have been met.
ACCORDINGLY, IT IS HEREBY ORDERED THAT:
1. The Request is granted.
2. In making this Order, the following orders of the Courts of the Cayman Islands are ratified pursuant to Article 24(1)(a) of the DIFC Law No. 10 of 2004 (the "Court Law"):
i. The Default Costs Certificate issued in the Grand Court of the Cayman Islands Financial Services Division, Cause No. FSD 186 of 2020 dated 30 May 2023.
ii. The Default Costs Certificate issued in the Court of Appeal of the Cayman Islands, Civil Appeal No. 005 of 2022 (Grand Court Cause No. Cause No. FSD 186 of 2020) dated 15 December 2022.
iii. The Summary Judgment Order issued in the Grand Court of the Cayman Islands Financial Services Division, Cause No. FSD 186 of 2020 dated 9 February 2023.
iv. The Certification of Rates of Post-Judgment Interest issued in the Grand Court of the Cayman Islands Financial Services Division, Cause No. FSD 186 of 2020 dated 11 August 2023 (Certification of Rates),
(together, the “Cayman Orders”).
3. Within 14 days of the date of this Order, the Defendant shall pay the Claimant the following amounts:
i. USD 735,263.26 pursuant to the Cayman Orders, which includes the interest ordered to be paid under those Orders;
ii. USD 2,257.43 in respect of pre-judgment interest for the period between 11 December 2023 and 29 January 2024; and
iii. Further pre-judgment interest calculated at a rate of USD 46.07 per day from 29 January 2024 until the date of this Order.
4. Pursuant to Article 39 of the Court Law and DIFC Practice Direction No. 4 of 2017, simple interest shall accrue on the sums due under paragraph 3 from the date of this Order until date of full payment at the rate of 9% per annum or USD 181.85 per day.
5. Within 14 days of the date of this Order, the Defendant shall pay the Claimant’s costs of these proceedings summarily assessed in the amount of USD 71,739.32.
6. This Order is final and executory in the execution courts.
7. The Defendant has the right to apply to set aside this Order pursuant to RDC 23.94.
8. The Claimant shall serve this Order upon the Defendant.
Issued by:
Hayley Norton
Assistant Registrar
Date of issue: 8 February 2024
At: 3pm
