Gunvor Belgium NV v KAAI 12 N.V. (formerly called Wiljo N.V.)

Gunvor Belgium NV v KAAI 12 N.V. (formerly called Wiljo N.V.)

The claimant is entitled to the declarations sought as the defendant failed to serve a defence and the declarations will assist the claimant in related Belgian proceedings.

Parties
Claimant: Gunvor Belgium NV; Defendant: KAAI 12 N. V. (formerly called Wiljo N. V.)
Jurisdiction
England and Wales
Judgment Date
30 October 2015
Procedural Posture
Commercial Claim / Judgment on Default of Defence
Outcome
Judgment for the claimant in default of defence; declarations granted; costs awarded.
Legal Topics
Default Judgment, Declarations, Costs
Civil Procedure Commercial Law Default Judgment Declarations Costs

Case Brief

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Parties

Gunvor Belgium NV

Claimant

KAAI 12 N. V. (formerly called Wiljo N. V.)

Defendant

Procedural Posture

Commercial Claim / Judgment on Default of Defence

Legal Issues

  1. 1 Whether the claimant is entitled to default judgment and declarations in absence of a defence
  2. 2 Whether the court should exercise its discretion to grant declaratory relief

Ratio Decidendi

The claimant is entitled to the declarations sought as the defendant failed to serve a defence and the declarations will assist the claimant in related Belgian proceedings.

Court Disposition

Judgment for the claimant in default of defence; declarations granted; costs awarded.

Orders

  • Declarations as sought by the claimant granted
  • Defendant to pay claimant's costs, summarily assessed at £25,496.50