DIFC Courts

CFI 023/2012 - Order

January 22, 2013 court of first instance - Orders,Orders

Claim no. CFI 023/2012

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE COURT OF FIRST INSTANCE

BETWEEN

SIMMONS AND SIMMONS MIDDLE EAST LLPClaimant
and

(1) MOHAMMAD ABDEL-KHALEQ MOHAMMAD ABU-ALHAJFirst Defendant(2) PETRA INVEST LTD.Second Defendant

DEFAULT JUDGMENT MADE BY REGISTRAR MARK BEER

UPON reviewing the request made by the Claimant on 20 December 2012 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:

AND UPON reviewing the Application Notice No. 023-2012/3 filed on 2 January 2013

AND UPON reading the submissions on costs made by or on behalf of the parties

IT IS ORDERED THAT:

1. The First Defendant must file and serve his Defence by no later than 4pm on 30 January 2013 failing which the Claimant shall have permission (in accordance with RDC 24.4(2)) to file an application for immediate judgement in the absence of a Defence, or pursue such other course as it considers appropriate.

 

2. The costs of and occasioned by the request for Default Judgment (including the Claimant's costs in dealing with application CFI-023-2012/3) are to be paid on a standard basis by the Defendants (with joint and several liability) to the Claimant, to be summarily assessed if not agreed within 14 days.

 

3. If the Claimant wishes to pursue a claim for interest it must make further submission regarding its entitlement to do so within 7 days, and the Defendant shall have a further 7 days to file and serve reply submissions.

 

4. Liberty to apply.

Issued by:

Mark Beer

Registrar

Date of Issue: 22 January 2013

At: 8am