AL NASSER & AL MASRI TRADING COMPANY WLL LIMITED LIABILITY COMPANY v SHAHZAD MUNIR

AL NASSER & AL MASRI TRADING COMPANY WLL LIMITED LIABILITY COMPANY v SHAHZAD MUNIR

The defendant failed to demonstrate a real prospect of successfully defending the claim on the grounds of fraud or breach of natural justice. The Abu Dhabi court followed procedures for service, and the defendant's allegations of fraud were unsupported and inconsistent. The application to set aside was not pursued promptly or properly served. The court exercised its discretion to refuse to set aside the default judgment.

Parties
Claimant: AL NASSER & AL MASRI TRADING COMPANY WLL LIMITED LIABILITY COMPANY; Defendant: SHAHZAD MUNIR
Jurisdiction
England and Wales
Judgment Date
17 May 2022
Procedural Posture
Application to Set Aside Default Judgment (enforcement of Foreign Judgment) / Ruling on Application to Set Aside Default Judgment
Outcome
Application to set aside default judgment dismissed
Legal Topics
Default Judgment, Setting Aside Judgment, Natural Justice, Fraud Exception, Recognition and Enforcement of Foreign Judgments
Civil Procedure Conflict of Laws Enforcement of Foreign Judgments Default Judgment Setting Aside Judgment Natural Justice Fraud Exception Recognition and Enforcement of Foreign Judgments

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Parties

AL NASSER & AL MASRI TRADING COMPANY WLL LIMITED LIABILITY COMPANY

Claimant

SHAHZAD MUNIR

Defendant

Procedural Posture

Application to Set Aside Default Judgment (enforcement of Foreign Judgment) / Ruling on Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether the defendant has a real prospect of successfully defending the claim to enforce the Abu Dhabi judgment
  2. 2 Whether the Abu Dhabi judgment was obtained in breach of natural justice
  3. 3 Whether the Abu Dhabi judgment was obtained by fraud

Ratio Decidendi

The defendant failed to demonstrate a real prospect of successfully defending the claim on the grounds of fraud or breach of natural justice. The Abu Dhabi court followed procedures for service, and the defendant's allegations of fraud were unsupported and inconsistent. The application to set aside was not pursued promptly or properly served. The court exercised its discretion to refuse to set aside the default judgment.

Court Disposition

Application to set aside default judgment dismissed