Claim No: CFI 036/2023
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
ZOOMLION GULF FZE
Claimant
and
BEAVER GULF CONTRACTING L.L.C
Defendant
DEFAULT JUDGMENT OF JUDICIAL OFFICER MAITHA ALSHEHHI
UPON the request made by the Claimant on 31 October 2023 (the “Request”) for a Default Judgment in accordance with Rule 13.1(1) and (2) of the Rules of the DIFC Courts (the “RDC”) against the Defendant, and the accompanying witness statement of Hamdan Abdullah Alkaabi dated 26 October 2023, it is found as follows:
1. The Request is not one prohibited by RDC 13.3.
2. The Request is not one permitted by RDC 13.4 on the basis that the Defendant has 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.
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; 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 in accordance with RDC 13.6(3).
4. The Claimant filed a Certificate of Service in accordance with RDC 9.43 on 22 September 2023.
5. The Claimant has followed the required procedure for obtaining Default Judgment in accordance with 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 in accordance with 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 as set out in RDC 13.22 and 13.23 have been met.
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 in accordance with RDC 13.22 and RDC 13.23.
ACCORDINGLY, IT IS HEREBY ORDERED THAT:
1. The Request is granted.
2. The Defendant shall pay the Claimant, within 14 days of issuance of this Order, the amount ofUSD 1,507,845.48(the “Outstanding Amount”).
3. In accordance with the Sale and Purchase Contract executed between the parties, the Defendant shall pay the Claimant the amount ofUSD 708,591.89as the agreed penalty rate for delayed payment accumulated until 28 April 2023 at the rate of 0.05% per day of the delayed payment
4. The Defendant shall pay the Claimant the agreed penalty rate for delayed payment from 29 April 2023 at the rate of 0.05% per day of the delayed payment until date of full payment.
5. Pursuant to DIFC Practice Direction No. 4 of 2017, interest at the rate of 9% per annum shall accrue on the Outstanding Amount from 30 September 2019 until date of full payment.
6. The Defendant shall pay the Claimant’s costs of these proceedings to be assessed by the Registrar, if not agreed.
7. The Claimant shall serve this Order upon the Defendant.
Issued by:
Hayley Norton
Assistant Registrar
Date of issue: 9 November 2023
At: 10am