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Novus Abu Dhabi General Trading LLC v Base LLC [2014] DIFC CFI 037
December 08, 2014 Court of First Instance -Judgments,Judgments
UPON the request made by the Claimant on 7 December 2014 for a Default Judgment in accordance with rule 13.1 [(1) or (2)] of the Rules of the DIFC Courts (“RDC”), it is found as follows:
The request is not one prohibited by RDC 13.3 (1) or (2).
The Defendant has failed to file an Acknowledgment of Service with the DIFC Courts and the relevant time for so doing has expired (RDC 13.4).
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)).
The Claimant filed a Certificate of Service under RDC 9.43 on 24 November 2014.
The Claimant has followed the required procedure for obtaining Default Judgment [RDC 13.7 and 13.8].
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).
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.
The DIFC Courts are satisfied that the conditions of RDC 13.22 have been met.
ACCORDINGLY it is hereby ORDERED THAT:
The request is granted.
The Defendant shall pay the Claimant the amount of USD $2,834,675.75 within 14 days.
The Defendant shall pay interest from the period of 1 October 2014 until the full payment of the Judgment at the rate of 1% over the Emirates Interbank Offer Rate (“EIBOR”).
The Defendant shall pay the Claimant the Court filing fee of USD $20,000, plus further legal costs of USD $200,000.
