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You are here: BAILII >> Databases >> The Dubai International Financial Centre >> Sarinton Trading Inc v Mr Andreas Michael Reichmuth [2013] DIFC CFI 020 (17 December 2013) URL: http://www.bailii.org/ae/cases/DIFC/2013/cfi_020.html Cite as: [2013] DIFC CFI 020, [2013] DIFC CFI 20

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Sarinton Trading Inc v Mr Andreas Michael Reichmuth [2013] DIFC CFI 020

December 17, 2013 Court of First Instance -Judgments,Judgments

Claim No. CFI 020/2013

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

Court

IN THE COURT

Court

OF FIRST INSTANCE

BEFORE JUSTICE SIR JOHN CHADWICK

BETWEEN

SARINTON TRADING INC	Claimant Claimant
and MR ANDREAS MICHAEL REICHMUTH	Defendant Defendant

DEFAULT JUDGMENT

UPONthe Application by the Claimant dated 14 November 2013.

UPONreading (1) the Claim Form and Particulars of Claim; (2) the Request for Default Judgment dated 14 November 2013; and (3) the First Affidavit

Affidavit

of Simon Charles Goodall and Exhibit "SCG1" dated 14 November 2013.

UPONhearing Counsel for the Claimant on 17 December 2013.

AND UPONthe Court

Court

being satisfied from its allegations made in the Particulars of Claim that the condition precedent in the Assignment Agreement made between the Defendant and the Claimant (which is Exhibit C7 to the Particulars of Claim) has been fulfilled

IT IS DECLARED THAT:

Subject to the consent of Damac Real Estate Asset Management Company Limited, the interests of the Defendant under the Sale and Purchase Agreements dated 13 May 2007 for unit numbers DFA/29/A2905, DFA/29/A2906, DFO/P7A/7 and DFO/P7A/8 in Park Towers at the Dubai International Financial Centre have been wholly assigned to the Claimant.

AND IT IS ORDERED THAT:

1 The costs of and associated with the Claimant's claim and the Claimant's application for default judgment will be subject to a detailed assessment before the DIFC Courts

DIFC Courts

Registrar

Registrar

.

2 The Claimant shall be at liberty to apply to the Court for:

(a) damages resulting from the Defendant's breach of the Assignment Agreement;

(b) pre- and post-judgment interest on any damages, costs or disbursements; and

(c) such further or other relief as the Court may deem just.

 

Dated 17 December 2013.

Pursuant toDIFC

" href="/glossary/difc/">DIFC-Complinet/difccourts.complinet.com/en/display/display8318.html?rbid=2725&element_id=5424" target="_blank">RDC 14.2, the Defendant's attention is drawn to his right to make an application to set aside

Set aside

or vary the default judgment.