June 09, 2023 COURT OF FIRST INSTANCE - ORDERS
Claim No. CFI 097/2022
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
CHINA CONSTRUCTION EIGHTH ENGINEERING DIVISION CORP. LTD. (DUBAI BRANCH)
Claimant
and
ORIENTAL PEARLS REAL ESTATE DEVELOPMENT LLC
Defendant
DEFAULT JUDGMENT OF H.E. JUSTICE NASSIR AL NASSER
UPON the request made by the Claimant dated 5 June 2023 for a Default Judgment (the “Request”) 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 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 in accordance with 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 JDMT-8141340623-0795 2 of 3 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 in accordance with RDC 13.6(3).
4. The Claimant filed a Certificate of Service in accordance with RDC 9.43 on 12 May 2023.
5. The Claimant has followed the required procedure for obtaining Default Judgment in accordance with 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 in accordance with 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 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 in accordacen with RDC 13.22/13.23.
ACCORDINGLY, IT IS HEREBY ORDERED THAT:
10. The request is granted.
11. The following bonds have passed their expiry date, and are no longer valid and cannot therefore, be called by any party:
(a) a performance guarantee for Clusters A&B, dated 12 July 2018, for a sum of AED 73,429,558.59 and expiring on 12 May 2021, with LG No. PBOIFD1819304647;
(b) an advance payment guarantee for Clusters A&B, dated 12 July 2018, for AED 57,716,371.00 and expiring on 3 March 2020, with LG No. ADVIFD1819304648; and
(c) an advance payment guarantee for Cluster C, dated 1 November 2018, for AED 37,235,438.30 and expiring on 12 May 2020, with LG No. ADVIFD1830406946, together, the ("Bonds").
12. The Defendant shall pay, by 31 August 2023, the following sums:
(a) the sum of AED 58,000,000 (being the principal sum owed in the "Monetary Claim");
(b) the sum of AED 4,754,231.41 (being the principal sum owed in the "Premium Payments Claim");
(c) plus, post-judgment interest at the rate of 9% per annum from the date of this Judgment until the date of full payment.
13. The Defendant shall perform its obligation to return and withdraw, or otherwise procure the cancellation of, the Bonds.
14. The Defendant shall indemnify the Claimant for any losses it may suffer, in the event that any of the Bonds are successfully called.
15. The Claimant is awarded the costs of the claim, as well as the costs of and occasioned by the present Request, to be assessed if not agreed.
16. The Claimant shall serve this Default Judgment on the Defendant.
Issued by:
Delvin Sumo
Assistant Registrar
Date of Issue: 9 June 2023
At: 2pm