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CFI 060/2018 Timothy David Monks v (1) William Robert Meadows (2) Adam Michael Aaron Sweeney

CFI 060/2018 Timothy David Monks v (1) William Robert Meadows (2) Adam Michael Aaron Sweeney

April 2, 2019

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Claim No: CFI-060-2018

          THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE COURT OF FIRST INSTANCE

BETWEEN

 TIMOTHY DAVID MONKS

Claimant

and

(1) WILLIAM ROBERT MEADOWS

(2) ADAM MICHAEL AARON SWEENEY

Defendants


ORDER OF H.E. JUSTICE SHAMLAN AL SAWALEHI


UPON reviewing the Judgment of the High Court of England & Wales (Commercial Court, QBD) dated 11 April 2018 issued against the Defendants (“the English Judgment”) ordering the payment of (1) AED777,449.75 for debt; (2) AED410,413.20 and AED231,711.13 for interest and default interest; and (3) AED46,626 for legal costs; less (4) AED101,850 that the Defendants had already paid

AND UPON reviewing the Claimant’s Part 7 Claim dated 15 August 2018 seeking to enforce the English Judgment in the DIFC

AND UPON the First Defendant and the Second Defendant having been validly served with this Claim

AND UPON the Claimant’s Application No. CFI-060-2018/2 dated 21 November 2018 seeking immediate judgment on part of the Claim

AND UPON the Court granting permission to the Claimant to apply for immediate judgment against the Second Defendant notwithstanding that he has not acknowledged service or filed a defence to the Claim

AND UPON hearing Counsel for the Claimant at a Hearing held on 1 April 2019

IT IS HEREBY ORDERED THAT:

1.Immediate judgment is entered for the Claimant against the Defendants on the Claim to enforce the English Judgment in respect of the debt and legal costs.

2. The Defendants shall, within 14 days of the date of this Order, pay the Claimant the sum of AED722,225.75 or the US dollar equivalent at the time of payment, such sum being the debt of AED777,449.75, plus legal costs of AED46,626 less AED101,850 already paid.

3. Pursuant to Article 39 of the DIFC Law No. 10 of 2004 and the DIFC Courts’ Practice Direction No. 4 of 2017, simple interest shall run on the sum due under paragraph 2 of this Order from the date hereof until payment at the rate of 9% per annum.

4. The Defendants shall pay the Claimant’s costs of the application for immediate judgment, to be assessed by the Registrar if not agreed between the parties.

 

Issued by:

Ayesha Bin Kalban

Assistant Registrar

Date of issue: 2 April 2019

At: 10am

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