Claim No. CFI 064/2025

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE COURT OF FIRST INSTANCE

BETWEEN

SANJA BOSKOVIC

Claimant

and

MIRABAUD (MIDDLE EAST) LTD

Defendant

ORDER WITH REASONS OF H.E. JUSTICE MAHA AL MHEIRI

UPON the Default Judgment of H.E. Justice Maha Al Mheiri dated 13 August 2025 (the “Default Judgment”)

AND UPON the Defendant’s Application No. CFI-064-2025/1 dated 22 August 2025 seeking to set aside the Default Judgment (the “Defendant’s Application”)

AND UPON the Claimant’s evidence in answer dated 29 August 205 and the Defendant’s evidence in reply dated 4 September 2025

AND UPON reviewing the case file

AND PURSUANT TO Part 14 of the Rules of the DIFC Courts

IT IS HEREBY ORDERED THAT:

1. The Defendant’s Application to set aside the Default judgment is granted, and the Default Judgment be set aside.

2. The Defendant shall file and serve an Acknowledgment of Service and Defence within 14 days of this Order.

3. Costs of the Defendant’s Application shall be costs in the case.

Issued by:
Hayley Norton
Assistant Registrar
Date of issue: 16 September 2025
At: 1pm

1. On 26 June 2025, the Claimant filed a claim against the Defendant claiming the sum of USD 741,537.67 (equivalent to AED 2,723,297.09).

2. On 4 July 2025, the Claimant filed a Certificate of service confirming that the claim had been served on the Defendant by delivering to or leaving at a permitted place.

3. On 4 August 2025, the Claimant filed a request for a default judgment.

4. On 13 August 2025, the Court issued the Default Judgment of H.E. Justice Maha Al Mheiri (the “Default Judgment”).

5. On 22 August 2025, the Defendant filed an application to set aside the Default Judgment (the “Defendant’s Application”). The Defendant’s Application is brought pursuant to RDC Part 14, namely Rules 14.1 and 14.2, and supported by a Witness Statement from Mr Maher Atitallah, CEO of the Defendant company.

6. In reply to the Defendant’s Application, the Claimant filed a Witness Statement of Mr Antonios Dimitrakopoulos dated 29 August 2025, arguing that the judgment was validly entered and no sufficient grounds exist to set it aside. In reply, on 4 September 2025, the Defendant filed its response to the Claimant’s submissions.

7. In review of the Defendant’s Application, the Court is required to determine whether the Default Judgment was wrongly entered under RDC 14.1, and, if not, whether there exists a real prospect of successfully defending the claim or some other good reason to set it aside under RDC 14.2.

8. On the question of service, the Court found that the Claim Form was served at the Defendant’s registered office via DHL on 30 June 2025, and a Certificate of Service was duly filed. The Defendant accepted that delivery was made but stated the parcel was misplaced and never reached the CEO. Under RDC 9.17–9.27, service at a company’s registered office is deemed valid irrespective of internal errors in handling. Accordingly, the Court has found no basis to set aside the judgment under RDC 14.1, as the requirements for improper entry have not been met.

9. In considering the discretionary grounds under RDC 14.2, the Court will next assess whether the Defendant has demonstrated a real prospect of successfully defending the claim or otherwise shown a good reason for the judgment to be set aside. The Court has found that the Defendant has raised substantive issues as to the basis of the Claimant’s claim, including the timing of the dispute, the applicability of contractual terms, and the provision of account information. While the defence was not fully pleaded, it surpasses the threshold of a real prospect of success under RDC 14.2(1). Alternatively, the Court is satisfied that there exists a good reason to set aside the judgment under RDC 14.2(2), noting that the Defendant acted promptly, the error appeared to be administrative rather than intentional, and the overriding objective under RDC 1.6 favours resolution of claims on their merits. Accordingly, the Defendant’s Application to set aside the default judgment is granted.

10. Therefore, I shall set aside the Default Judgment, and order that the Defendant shall file its defence within 14 days from the date of this Order.

11. The costs shall be costs in the case.