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The Emirates Capital Limited v ECSCO GmbH [2013] DIFC CFI 013

The Emirates Capital Limited v ECSCO GmbH [2013] DIFC CFI 013

April 16, 2014

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Claim No. CFI 013/2012

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE COURT OF FIRST INSTANCE

THE EMIRATES CAPITAL LIMITED

Claimant

and

ECSCO GMBH

Defendant


DEFAULT JUDGMENT


UPON the request made by the Claimant on 8 April 2014 for a Default Judgment in accordance with rule 13.1(1) (of the Rules of the DIFC Courts (“RDC”), it is found as follows:

1. The request is not one prohibited by RDC 13.3(1) and (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 (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 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 followed the required procedure for obtaining Default Judgment [RDC 13.7 and 13.8].
5. 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).
6. 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.
7. The DIFC Courts are satisfied that the conditions of RDC 13.22 and RDC 13.23 [Defendant served outside the 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 and 13.23).

ACCORDINGLY it is hereby ORDERED THAT:

9. The request is granted.
10. The Defendant shall pay the Claimant the sum of USD $117,737.64 plus compound interest on this sum at 15% per annum from 16 July 2011 to 8 April 2014, namely US $57,471.33 within 14 days and thereafter at 15% per annum from 16 April 2014 to the date of payment.

Issued by:
Natasha Bakirci
Assistant Registrar
Date of Issue: 16 April 2014
At: 2pm

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