March 16, 2021 court of first instance - Orders
Claim No. CFI 113/2020
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
TECHNICAL READYMIX CONCRETE EST. (TREMIX)
Claimant
and
ARABTEC CONSTRUCTION LLC
Defendant
DEFAULT JUDGMENT OF H.E. JUSTICE NASSIR AL NASSER
UPON the request made by the Claimant on 10 March 2021 for a Default Judgment against the Defendant in accordance with Rule 13.1 (1) and (2) of the Rules of the DIFC Courts (the “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.
3. The Defendant also failed to file its 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).
4. 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)).
5. The Claimant filed a Certificate of Service in relation to the Defendant pursuant to RDC 9.43 on 9 December 2020, 16 December 2020 and 28 December 2020.
6. The Claimant has followed the required procedure for obtaining Default Judgment (RDC 13.7 and 13.8).
7. 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).
8. 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.
9. The DIFC Court is satisfied that the conditions of RDC 13.22 and RDC 13.23 have been met.
10. The Claimant has submitted evidence, as required by RDC 13.24, that: (i) the claim is one that the DIFC Court has 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 Defendant shall pay the Claimant the amount of AED 3,105,938.69) (the “Amount”).
3. Post judgment interest at the rate of 9% per annum on the Amount shall apply from the date of this Judgment until the date of full payment.
4. The Defendant shall pay the Claimant legal costs in the sum of USD 89,553.46.
5. The Claimant must serve this Default Judgment on the Defendant as soon as practicable and immediately thereafter, file a certificate of service on the DIFC Courts’ eRegistry portal.
Issued by:
Ayesha Bin Kalban
Deputy Registrar
Date of issue: 16 March 2021
Time: 10am
