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Claim No. TCD 008/2020

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE COURT OF FIRST INSTANCE

BETWEEN

BROGAN MIDDLE EAST SCAFFOLDING LLC

Claimant

and

ARABTEC CONSTRUCTION LCC

Defendant

DEFAULT JUGDMENT MADE BY JUSTICE SIR RICHARD FIELD

UPON considering the Part 7 Claim Form issued herein by the Claimant on 1 October 2020 claiming AED 3,215,531.34 due for installation and dismantling services and the supply of Master-climber machines and hire of related machinery and equipment (the “Claim Form”)

AND UPON considering the Certificate of Service filed on [insert] indicating that the Claim Form was served on the Defendant on 15 October 2020

AND UPON considering the Claimant’s request for default judgment, dated 2 November 2020, for a Judgment in Default issued on 2 November 2020 (the “Request”) seeking judgment in default of an acknowledgement of service and in default of a defence within the time prescribed by the Rules of Courts

AND UPON reading the affidavit of Mr Rory Connolly sworn on 6 May 2021

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 acknowledgement 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 (RDC 13.4).

3. The Defendant has not: (i) applied to the DIFC Courts to have the Claimant’s Claim struck out under RDC 4.16; or for immediate judgement under RDC Part 24 (RDC 13.6 (1)); (ii) satisfied the whole claim (including any claim for costs on which the Claimant is seeking judgement); 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 (RDC1 3.6 (3)).

4. The Claimant has filed a Certificate of Service in accordance with RDC 9.43 on 15 October 2020.

5. The Claimant has followed the required procedure for obtaining default judgement (RDC 13.7 and 13.8).

6. The Claim is for a specified sum of money and the said Request specifies the date by which the whole of the judgement debt is to be paid or the times and rate at which it is to be paid by instalments (RDC13.9).

7. I am satisfied that the conditions of RDC 13.22 and RDC 13.23 (Defendant served outside jurisdiction) have been met.

8. 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 (RDC 13.22/13.23).

ACCORDINGLY, IT IS HEREBY ORDERED THAT:

1. The Request is granted in terms of the claimed amount as per the Claim Form.

2. There shall be judgment in default on the Claimant’s Claim in the sum of AED 3,215,531.34 with costs including AED 10,064.50 in respect of the Court fee.

3. The Defendant is ordered to pay the Claimant the amount of AED 3,215,531.34 within 14 days from the date of this Default Judgement.

4. The Defendant shall pay the Claimant its legal costs of this Claim to be assessed by the Registrar, if not agreed.

5. The Claimant shall serve this Judgement on the Defendant.

Issued by:
Nour Hineidi
Registrar
Date of issue: 10 May 2021
At: 10am