March 25, 2020 Technology and Construction Division - Orders
Claim No. TCD 003/2019
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
IN THE CONSTRUCTION AND TECHNOLOGY DIVISION
PANTHER REAL ESTATE DEVELOPMENT LLC
MODERN EXECUTIVE SYSTEMS CONTRACTING LLC
AMENDED ORDER FOR DEFAULT JUDGMENT MADE BY JUDICIAL OFFICER NASSER AL NASSIR
1. The request is not one prohibited by RDC 13.3 (1) or (2).
2. The Defendant 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 (see 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, nor has it applied for immediate judgment under RDC Part 24 (see 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 (see RDC 13.6(3)).
4. The Claimant filed a Certificate of Service in accordance with RDC 9.43 on 16 December 2019.
5. The Claimant followed the required procedure for obtaining Default Judgment [see 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.
9. The Claimant has submitted 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 (see RDC 13.22 and 13.23).
ACCORDINGLY IT IS HEREBY ORDERED THAT:
10. The request is granted.
11. The Defendants shall pay to the Claimant, within 14 days from the date of this Order, the judgment sum of AED 28,209,920.40 comprising of:
(i) AED 4,181,153.25 in delay damages, pursuant to clause 8.7 of the Contract;
(ii) AED 8,000,000 in respect of damages for the cost of completion, including damages to remedy the defective works;
(iii) AED 4,743,167.18 for additional professional fees;
(iv) AED 10,050,000 in respect of damages for losses arising out of the delay;
(v) AED 1,235,600 in respect of the cost of diverting resources within the Claimant’s organization to manage and mitigate the effects of the Defendant’s breach.
12. Pursuant to PD 4/2017 the Defendant shall pay interest on the judgment sum to the Claimant from the date of this default judgment, at the rate of 9% annually – quantified at the daily rate of AED 6,955.87, until the date of payment.
13. The Defendant shall pay the Claimant’s costs in the amount of AED 145,000.
Date of Issue: 12 February 2020
Date of re-issue: 25 March 2020