March 14, 2021 court of first instance - Orders
Claim No. CFI 028/2021
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
(1) FIVE HOLDING LIMITED
(2) FIVE HOTEL FZE
Claimants
and
QATAR INSURANCE COMPANY
Defendant
DEFAULT JUDGMENT MADE BY H.E. JUSTICE MAHA AL MHEIRI
UPON the request made by the Claimants on 11 March 2021 for a Default Judgment against the Defendant in accordance with Part 13 of the Rules of the DIFC Courts (the “Request”) (the “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 Claimants filed a Certificate of Service in respect of the Defendant under RDC 9.43 on 3 March 2021.
4. The Claimants have 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 Claimants within 14 days, from the date of this Order, the judgment sum of AED 25,000,000.
8. In addition, pursuant to DIFC Courts Practice Direction 4 of 2017, the Defendant shall pay interest on the judgment sum to the Claimant from the date of this default judgment, until the date of full payment, at the rate of 9% annually.
9. The Defendant shall pay the Claimants’ 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.
Issued by:
Ayesha Bin Kalban
Deputy Registrar
Date of issue: 14 March 2021
At: 12pm