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Firstrand Property Holding (Middle East) Limited v Damac Park Towers Company Limited [2014] DIFC CFI 030

Firstrand Property Holding (Middle East) Limited v Damac Park Towers Company Limited [2014] DIFC CFI 030

October 29, 2014

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Claim No: CFI 030/2014

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE COURT OF FIRST INSTANCE

BETWEEN

FIRSTRAND PROPERTY HOLDING (MIDDLE EAST) LIMITED

Claimant

and

DAMAC PARK TOWERS COMPANY LIMITED

Defendant


DEFAULT JUDGMENT


 

UPON the request made by the Claimant on 30 September 2014 for a Default Judgment in accordance with rule 13.1 of the Rules of the DIFC Courts (“RDC”)

AND UPON reviewingthe supporting documents filed on 19 October 2014 and the Statement of Cost being filedon 20 October 2014, it is found as follows:

1. The request is not one prohibited by RDC 13.3.

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 (as per RDC 13.4).

3. The Defendant has not: (i) applied to the DIFC Courts to have the Claimant’s statement of case struck out in accordance with RDC 4.16; or for immediate judgment under RDC Part 24 (as per 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 in accordance with RDC 15.14 or 15.24 together with a request for time to pay (as per RDC 13.6(3)).

4. The Claimant filed a Certificate of Service in accordance with RDC 9.43 on 25 September 2014.

5. The Claimant has followed the required procedure for obtaining Default Judgment (as per RDC 13.7 and 13.8).

6. 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 (as per RDC 13.9).

7. 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.

8. The DIFC Courts are satisfied that the conditions of RDC 13.22 have been met.

ACCORDINGLY IT IS HEREBY ORDERED THAT:

9. The request for Default Judgment is granted.

10. The Defendant shall pay the Claimant the amount of USD 11,461,813 within 14 days of the date of this order.

11. The amount of USD 11,461,813 shall bear interest at the rate of 1% above the three month EIBOR as at the date of this judgment, and shall continue to accrue from the date of Judgment, being 29 October 2014, until it is paid in full.

12. The Defendant shall pay the Claimant the Court filing fee of USD 20,000, plus further legal costs of US$ 90,000.

 

Issued by:

Maha AlMehairi

Judicial Officer

Date of Issue: 29 October 2014

At: 3pm

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