November 22, 2021 court of first instance - Orders
Claim No. CFI 058/2021
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
MARINA BAY SANDS PTE LTD
FARIDODIN HASSAN AHMADI
DEFAULT JUDGMENT MADE BY H.E. JUSTICE NASSIR AL NASSER
UPON reviewing the request made by the Claimant on 18 November 2021 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:
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 doing so 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 15 August 2021.
5. The Claimant has followed the required procedure for obtaining Default Judgment (pursuant to 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 (see 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. I am satisfied that the conditions of RDC 13.22 and RDC 13.23 (in respect of the defendant being served outside the jurisdiction) have been met.
9. The Claimant has 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).
IT IS HEREBY ORDERED THAT:
1. The request for a Default Judgment is granted.
2. The Judgment issued by the High Courts of Singapore on 15 May 2020 shall be recognised and enforced.
3. The Defendant shall pay the Claimant the sum of SGD 1,029,965 plus costs in the sum of SGD 5,605.96.
4. The Defendant shall pay the Claimant interest of SGD 317,624.31 for the period 28 April 2019 to 21 November 2021 (938 days), equivalent to daily interest of SGD 338.62 at 12% interest (simple) per annum, plus further daily interest accruing at the same rate until the terms of this Order are satisfied by the Defendant in full.
5. Costs of and occasioned by this claim shall be assessed by the Registrar if not agreed.
6. The Claimant shall serve this Default Judgment on the Defendant.
Date of Issue: 22 November 2021
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