October 11, 2021 Technology and construction division - Orders
Claim No. TCD 003/2021
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
FIVE REAL ESTATE DEVELOPMENT LLC
Claimant
and
REEM EMIRATES ALUMINIUM LLC
Defendant
ORDER OF H.E. JUSTICE NASSIR AL NASSER
UPON the Request made by the Claimant on 10 October 2021 for a Default Judgment against the Defendant in accordance with Rule 13.1 (2) of the Rules of the DIFC Courts (the “Request”) (“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 its Defence and the relevant time for so doing has expired [RDC 13.5(1)].
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 has filed a Certificate of Service in relation to the Defendant pursuant to RDC 9.43 on 16 September 2021.
5. The Defendant has filed an Acknowledgment of Service pursuant to RDC 13.6 (4) on 19 September 2021.
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. I am 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 Courts 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 sum of AED 17,461,329.32 within 14 days from the date of this Judgment.
3. Post Judgment interest at the rate of 9% per annum on the above-mentioned amount shall apply from the date of this Judgment until the date of full payment.
4. The Defendant shall pay the Claimant’s legal costs within 14 days of this Order, to be assessed by the Registrar, if not agreed.
Issued by:
Nour Hineidi
Registrar
Date of issue: 11 October 2021
At: 3.30pm
