November 08, 2023 COURT OF FIRST INSTANCE - ORDERS
Claim No. CFI 044/2023
IN THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
PERRIDON HOLDINGS LIMITED
Claimant
and
RAFIQ GHASSAN RAFIQ SHABIB
Defendant
ORDER OF H.E. JUSTICE NASSIR AL NASSER
UPON reviewing the Defendant’s Application Notice CFI-044-2023/1 dated 4 October 2023, seeking to appeal and set aside the Default Judgment of H.E. Justice Nassir Al Nasser dated 9 August 2023 (the “Application”)
AND UPON reviewing the Claimant’s evidence in answer dated 1 November 2023
AND UPON reviewing the Defendant’s evidence in reply dated 7 November 2023
AND UPON reviewing the case file
AND PURSUANT TO Part 14 of the Rules of the DIFC Courts (“RDC”)
IT IS HEREBY ORDERED THAT:
1. The Application is partly granted.
2. The Default Judgment of H.E. Justice Nassir Al Nasser issued on 9 August 2023 shall be set aside.
3. The Defendant shall file and serve his defence within 14 days of this this Order.
4. The Appeal is rejected due to the Claimant’s failure to comply with the requirements of Part 44 of the RDC.
5. Costs in the case.
Issued by:
Hayley Norton
Assistant Registrar
Date of Issue: 8 November 2023
At: 3pm