Claim No. CFI-049-2018
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
HUNKEMÖLLER INTERNATIONAL B.V.
HASSAN MOHAMED JAWAD & SONS BSC
DEFAULT JUDGMENT OF JUDICIAL OFFICER NASSIR AL NASSER
UPON the request made by the Claimant on 8 January 2019 for a Default Judgment (the “Request”) 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 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 filed a Certificate of Service in accordance with RDC 9.43 on 16 October 2018.
5. The Claimant has followed the required procedure for obtaining Default Judgment under 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 13.23 have been met.
9. 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 13.23).
ACCORDINGLY IT IS HEREBY ORDERED THAT:
10. The Request is granted.
11. The Defendant is ordered to pay the Claimant the amount of USD 925,454.00 within 14 days plus interest at the rate of 9% from the date of this Judgment.
12. The Defendant shall pay the Claimant the costs of this claim to be assessed if not agreed.
Nassir Al Nasser
Date of Issue: 22 January 2019
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