DIFC Courts

Omer Serif Ozcelik v (1) Aamer Abdulaziz Ahmed Salman (2) Phoenix Holdings [2014] DIFC CFI 024

October 30, 2014 Court of First Instance -Judgments,Judgments

Claim No. CFI 024/2014

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE COURT OF FIRST INSTANCE

BETWEEN

OMER SERIF OZCELIK

Claimant

and

(1)  AAMER ABDULAZIZ AHMED SALMAN

(2)  PHOENIX HOLDINGS

 Defendants

DEFAULT JUDGMENT

UPON the request made by the Claimant on 18 September 2014 for a Default Judgment in accordance with Rule 13.1 of the Rules of the DIFC Courts (“RDC”)

AND UPON reviewing the supporting documents filed on 12 October 2014, and proof of service being filed on 30 October 2014, it is found as follows:

  1. The request is not one prohibited by RDC 13.3.

  2. The Defendants have 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 (as per RDC 13.4).

  3. The Defendants have not: (i) applied to the DIFC Courts to have the Claimant’s statement of case struck out in accordance with RDC 4.16; or for immediate judgment under RDC Part 24 (as per 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 in accordance with RDC 15.14 or 15.24 together with a request for time to pay (as per RDC 13.6(3)).

  4. The Claimant filed a Certificate of Service in accordance with RDC 9.43 on 15 July 2014.

  5. The Claimant has followed the required procedure for obtaining Default Judgment (as per 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 (as per RDC 13.9).

  7. The DIFC Courts are satisfied that the conditions of RDC 13.22 have been met.

ACCORDINGLY IT IS HEREBY ORDERED THAT:

  1. The request for Default Judgment is granted.

  2. The Defendants shall pay the Claimant the amount of USD 208,850 within 14 days of the date of this order.

  3. The Defendants shall pay the Claimant the Court filing fee of USD 9,850, plus further legal costs of USD 2,000 within 14 days of the date of this order.

 

Issued by:

Maha AlMehairi

Judicial Officer

Date of Issue: 30 October 2014

At: 4pm