April 22, 2025 court of first instance - Orders
Claim No. CFI 092/2024
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
MAG DEVELOPMENT SERVICES LIMITED
Claimant
and
(1) THE COLLECTION CLUB RESTAURANT LIMITED
(2) LAURENT BUISINE
(3) HUGO VALAT
Defendants
ORDER WITH REASONS OF H.E. JUSTICE NASSIR AL NASSER
UPON the Default Judgment of H.E. Nassir Al Nasser dated 13 March 2025 (the “Default Judgment”)
AND UPON the Defendants’ Application No. CFI-092-2024/1 dated 27 March 2025, seeking to set aside the Default Judgment, an extension of time to file a defence and to stay the enforcement proceedings (the “Application”)
AND UPON reviewing the case file
AND PURSUANT TO Part 14 of the Rules of the DIFC Courts (the “RDC”)
IT IS HEREBY ORDERED THAT
1. The Application is granted.
2. The Default Judgment shall be set aside.
3. The Defendants shall file and serve their defence within 14 days of the date of this Order.
4. The enforcement proceedings shall be stayed until further notice.
5. The costs of this Application shall be costs in the case.
Issued by:
Hayley Norton
Assistant Registrar
Date of Issue: 22 April 2025
At: 2pm
SCHEDULE OF REASONS
1. The Claimant is MAG Development Services Limited, (the “Claimant”), a company registered and located in the DIFC, Dubai, UAE.
2. The First Defendant is The Collection Club Restaurant Limited, (the “First Defendant”), a company registered and located in the DIFC, Dubai, UAE.
3. The Second Defendant is Laurent Buisine, (the “Second Defendant”), a French national representing the First Defendant.
4. The Third Defendant is Hugo Valat, (the “Third Defendant”), a French national representing the First Defendant.
5. On 10 December 2024, the Claimant filed a claim against the Defendants claiming the sum of AED 11,012,500.
6. On 2 January 2025, the Claimant filed a Certificate of Service confirming that the claim had been served on the Defendants.
7. On 10 March 2025, the Claimant filed a Request for a Default Judgment.
8. On 13 March 2025, the Court issued the Default Judgment.
9. On 27 March 2025, the Defendants filed an acknowledgement of service seeking to defend all of the claim and filed an application to set aside the Default Judgment, an extension of time to file a defence, and a stay of enforcement proceedings (the “Application”).
10. Upon reviewing the Defendants’ submissions, I find that in accordance with Rule 14.2 of the Rules of the DIFC Courts, the Defendants have demonstrated a real prospect of successfully defending the claim.
11. Therefore, I shall grant the Application to set aside the Default Judgment, stay any enforcement proceedings and order that the Defendants shall file their defence within 14 days from the date of this Order.
12. The costs of this Application shall be costs in the case.
