June 07, 2021 court of first instance - Orders
Claim No. CFI 008/2021
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
LPA (MIDDLE EAST) LTD
RESOIL CARIBBEAN SRL
DEFAULT JUDGMENT MADE BY H.E. JUSTICE MAHA AL MHEIRI
UPON the request made by the Claimant on 7 June 2021 for a Default Judgment against the Defendant in accordance with Part 13 of the Rules of the DIFC Courts (the “Request”) (“RDC”), it is found as follows:
1. The Request is not one prohibited under RDC 13.3 (1) or (2).
2. The Request is one permitted by RDC 13.4 on the basis that 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.
3. The Claimant filed a Certificate of Service in respect of the Defendant under RDC 9.43 on 16 May 2021.
4. The Claimant has followed the required procedure for obtaining Default Judgment (RDC 13.7, 13.8).
5. 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.
ACCORDINGLY, IT IS HEREBY ORDERED THAT:
6. The Request for Default Judgment is granted.
7. The Defendant shall pay to the Claimant within 14 days, from the date of this Order, the judgment sum of USD 300,000 (the “Judgment Sum”).
8. In addition, pursuant to the DIFC Law on Damages and Remedies the Defendant shall pay interest on the Judgment Sum to the Claimant from 26 March 2020, until the date of full payment, at the rate of 3% annually.
9. The Defendant shall pay the Claimant’s costs of these proceedings including (1) the Claimant’s legal costs, until the date this request was fully pleaded; and (2) costs of the Court filing fee.
Ayesha Bin Kalban
Date of issue: 07 June 2021
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