Claim No. CFI 053/2023
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
GARY PIERRE DELPORT & YOLANDA DELPORT
ABYAAR REAL ESTATE CO
DEFAULT JUDGMENT OF H.E. JUSTICE MAHA AL MHEIRI
UPON the request made by the Claimant on 18 August 2023 for a Default Judgment against the Defendant in accordance with Part 13 of the Rules of the DIFC Courts (the “Request”) (the “RDC”), it is found as follows:
1. The Request is not one prohibited under RDC 13.3 (1) or (2).
2. The Request is one permitted by RDC 13.4 on the basis that 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.
3. The Claimant filed a Certificate of Service in respect of service of the Defendants under RDC 9.43 on 28 July 2023.
4. The Claimant has followed the required procedure for obtaining a Default Judgment pursuant to RDC 13.7 and 13.8.
ACCORDINGLY, IT IS HEREBY ORDERED THAT:
1. The Request is granted.
2. The Defendant shall pay to the Claimant within 14 days, from the date of this Order, the judgment sum of USD 2,183,790.54 (the “Judgment Sum”).
3. The Defendants shall pay the Claimant’s costs of these proceedings in the amount of USD 62,121.63 which comprises: (1) the Claimant’s legal costs until the date this Request was fully pleaded in the amount of USD 49,250; and (2) the amount of USD 12,871.63 as costs of the DIFC Courts’ filing fees.
Date of issue: 30 August 2023