Claim No. CFI 048/2023
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
GULF PETROCHEM FZ LLC
(1) PETROCHINA INTERNATIONAL (MIDDLE EAST) COMPANY LIMITED
(2) PETROCHINA INTERNATIONAL (SINGAPORE) PTE LTD
(3) INTERTEK SHARJAH FZ LLC
(4) INTERTEK FUJAIRAH FZC LLC (BRANCH OFFICE)
DEFAULT JUDGMENT OF H.E. NASSIR AL NASSER
UPON the Request made by the Claimant dated 26 July 2023 for a Default Judgment (the “Request”) in accordance with Rule 13.1 of the Rules of the DIFC Courts (“RDC”), it is found as follows:
1. The Request is not one prohibited by RDC 13.3.
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 in accordance with 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 11 July 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 of RDC 13.22 and RDC 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 13.23.
ACCORDINGLY, IT IS HEREBY ORDERED THAT:
10. The Request is granted.
11. The Defendants are ordered to pay the Claimant the amount of USD 10,553,253.29 plus interest at the rate of 9% per annum from the date of this Judgment until the date of full payment.
12. The Defendants shall pay the Claimant its legal costs in the sum of AED 300,000.
13. The Defendants shall pay the Claimant the Court fees in the sum of AED 92,144.71.
Date of Issue: 9 August 2023