April 04, 2022 court of first instance - Orders
Claim No. CFI 015/2022
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
HORIZONS & CO LAW FIRM
ALBURJ REAL ESTATE LIMITED
DEFAULT JUDGMENT MADE BY H.E. JUSTICE NASSIR AL NASSER
UPON the request made by the Claimant on 31 March 2022 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 has filed a Certificate of Service in accordance with RDC 9.43 on 17 March 2022.
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 and RDC 13.23 [defendant served outside jurisdiction] 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 13.22/13.23).
ACCORDINGLY, IT IS HEREBY ORDERED THAT:
1. The Request is granted.
2. The Respondent is to make full payment of the outstanding invoice for work done and not paid for, which totals AED 2,549,324.34 (UAE Dirhams Two Million Five Hundred Forty-Nine Thousand, Three Hundred and Twenty-Four and Thirty-Four Fils) (excluding VAT).
3. The Respondent is to pay the following costs and expenses incurred by the Claimant:
(a) Claimant’s legal fees amounting to AED 201,690.
(b) Court charges amounting to AED 34,630.13.
(c) Disbursements amounting to AED 1,350.
(d) Claimant’s VAT expenses on the Outstanding Amount, amounting to AED 127,466.22.
4. The Respondent shall also pay 9% simple interest on the amounts mentioned above from the date of this Judgment until the date of full payment.
Date of Issue: 1 April 2022
Date of re-issue: 4 April 2022
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