Skip to Content

Novus Abu Dhabi General Trading LLC v Base LLC [2014] DIFC CFI 037

Novus Abu Dhabi General Trading LLC v Base LLC [2014] DIFC CFI 037

December 8, 2014

image_pdfimage_print

 

Claim No. CFI 037/2014

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE COURT OF FIRST INSTANCE

BETWEEN

NOVUS ABU DHABI GENERAL TRADING LLC

Claimant

and

 

BASE LLC

Defendant


DEFAULT JUDGMENT


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:

  1. The request is not one prohibited by RDC 13.3 (1) or (2).
  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).
  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 filed a Certificate of Service under RDC 9.43 on 24 November 2014.
  5. The Claimant has followed the required procedure for obtaining Default Judgment [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 (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:

  1. The request is granted.
  2. The Defendant shall pay the Claimant the amount of USD $2,834,675.75 within 14 days.
  3. 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”).
  4. The Defendant shall pay the Claimant the Court filing fee of USD $20,000, plus further legal costs of USD $200,000.

 

Issued by:

Nassir Al Nasser

Judicial Officer

Date of Issue: 8 December 2014

At: 11am

X

Privacy Policy

The Dispute Resolution Authority and all its affiliates are committed to preserve the confidentiality, integrity and availability of client data and personal information.

Dispute Resolution Authority and all its affiliates employees, vendors, contract workers, shall follow Information Security Management System in all the processes and technology.

  1. DRA's Top Management is committed to secure information of all our interested parties.
  2. Information security controls the policies, processes, and measures that are implemented by DRA in order to mitigate risks to an acceptable level, and to maximize opportunities in order to achieve its information security objectives.
  3. DRA and all its affiliates shall adopt a systematic approach to risk assessment and risk treatment.
  4. DRA is committed to provide information security awareness among team members and evaluate the competency of all its employees.
  5. DRA and all its affiliates shall protect personal information held by them in all its form.
  6. DRA and all its affiliates shall comply with all regulatory, legal and contractual requirements.
  7. DRA and all its affiliates shall provide a comprehensive Business Continuity Plan encompassing the locations within the scope of the ISMS.
  8. Information shall be made available to authorised persons as and when required.
  9. DRA’s Top Management is committed towards continual improvement in information security in all our processes through regular review of our information security management system.