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Amlak Finance Pjsc v (1) Mr Nigel Anthony John Herbert (2) Mrs Deborah Jane Reid (3) DIFC Registrar of Real Property [2015] DIFC CFI 010

Amlak Finance Pjsc v (1) Mr Nigel Anthony John Herbert (2) Mrs Deborah Jane Reid (3) DIFC Registrar of Real Property [2015] DIFC CFI 010

February 7, 2016

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Claim No. CFI 010/2015

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE COURT OF FIRST INSTANCE

BETWEEN

AMLAK FINANCE PJSC

Claimant

and

(1) MR NIGEL ANTHONY JOHN HERBERT

(2) MRS DEBORAH JANE REID

(3) DIFC REGISTRAR OF REAL PROPERTY

Defendants


DEFAULT JUDGMENT MADE BY JUDICIAL OFFICER MAHA AL MEHAIRI


UPON the request made by the Claimant on 7 February 2016 for a Default Judgment in accordance with Rule 13.1 (1) and (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 Defendants have 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 Claimant filed a Certificate of Service in accordance with RDC 9.43 for the First and Second Defendant on 25 August 2015 and for the Third Defendant on 6 August 2015.
  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 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.
  2. The First and Second Defendants shall pay the Claimant, within 14 days of this Order, the amount of USD 1,176,102.44 (the “Judgment Sum”), being the sum of:(a) USD 1,125,535.53 being the principal sum ; and
    (b) USD 50,566.91 being the interest owing under the contract up to 7 February 2016.
  1. The First and Second Defendants shall pay the Claimant interest on the Judgment Sum pursuant to Article 17 of the DIFC Law of Damages and Remedies 2005 at the rate of 1% above LIBOR per annum from 7 February 2016, being the date of judgment until payment.
  2. The First and Second Defendants are jointly and severally liable to the Claimant for the entire amount of the sums at paragraphs 10 and 11 above.

 

Issued by:

Maha AlMehairi

Judicial Officer

Date of Issue: 7 February 2016

At: 1pm

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