Claim No. CFI 107/2021
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
(1) ALEXANDER REUTER
(2) CARLO PIANESE
(3) ANDRE BLEDJIAN
Claimants
and
(1) WELLNESS UNITED INC.
(2) JACOB LOGOTHETIS
(3) ANGELA TUROVSKAYA
Defendants
DEFAULT JUDGMENT MADE BY H.E. JUSTICE NASSIR AL NASSER
UPON the request made by the Claimants on 28 June 2022 for a Default Judgment in accordance with Rule 13.1 [(1) and (2)] of the Rules of the DIFC Courts (the“Request”) (“RDC”), it is found as follows:
1. The Request is not one prohibited by RDC 13.3 [(1) or (2)].
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 (RDC 13.4).
3. The Defendants have not: (i) applied to the DIFC Courts to have the Claimant’s statement of case struck out under RDC 4.16; or for immediate judgment under RDC Part 24 (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 (RDC 13.6(3)).
4. The Claimants filed a Certificate of Service in accordance with RDC 9.43 on 27 April 2022 and 2 May 2022.
5. The Claimants have followed the required procedure for obtaining Default Judgment [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 (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.
8. The DIFC Courts are satisfied that the conditions of RDC 13.22 and RDC 13.23 [defendant served outside jurisdiction] have been met.
9. The Claimants have 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 (RDC 13.22/13.23).
ACCORDINGLY, IT IS HEREBY ORDERED THAT:
10. The Request is granted.
11. The Defendants shall pay the Claimants the following:
(a) The Defendants shall jointly and severally pay to the First Claimant the judgment sum of US$291,422.42 (the“C1 Principal Judgment Sum”).
(b) The Defendants shall jointly and severally pay the First Claimant interest on the C1 Principal Judgment Sum at a rate of 6% from 1 February 2019 to 28 June 2022 totalling US$59,545.98.
(c) The Defendants shall jointly and severally pay to the Second Claimant the judgment sum of US$149,955.22 (the“C2 Principal Judgment Sum”).
(d) The Defendants shall jointly and severally pay the Second Claimant interest on the C2 Principal Judgment Sum at a rate of 6% from 1 February 2019 to 28 June 2022 totalling US$30,640.17.
(e) The Defendants shall jointly and severally pay to the Third Claimant the judgment sum of US$299,765.54 (the“C3 Principal Judgment Sum”).
(f) The Defendants shall jointly and severally pay the Third Claimant interest on the C3 Principal Judgment Sum at a rate of 6% from 1 February 2019 to 28 June 2022 totalling US$61,250.72.
12. The Defendants shall pay the Claimants’ costs of the Application and the claim on the standard basis to be subject of a detailed assessment if not agreed.
Issued by:
Nour Hineidi
Registrar
Date of Issue: 4 July 2022
At: 1pm