Gary Pierre Delport & Yolanda Delport v Abyaar Real Estate Co [2023] DIFC CFI 053 (30 August 2023)

The requirements for default judgment under RDC Part 13 were met as the defendant was properly served, failed to respond, and the claimant followed the required procedures.

Citation: [2023] DIFC CFI 053
Parties: Claimant: Gary Pierre Delport & Yolanda Delport; Defendant: Abyaar Real Estate Co
Jurisdiction: United Arab Emirates
Judgment Date: 30 August 2023
Procedural Posture: Civil / Default Judgment
Outcome: Default judgment granted for the claimant.
Legal Topics: Default Judgment, Service of Process, Costs

Civil Procedure Default Judgment Service of Process Costs

Case Brief

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Parties

Gary Pierre Delport & Yolanda Delport

Claimant

Abyaar Real Estate Co

Defendant

Procedural Posture

Civil / Default Judgment

Legal Issues

1 Whether the requirements for default judgment under RDC Part 13 are satisfied
2 Whether the defendant was properly served and failed to respond within the required time

Ratio Decidendi

The requirements for default judgment under RDC Part 13 were met as the defendant was properly served, failed to respond, and the claimant followed the required procedures.

Court Disposition

Default judgment granted for the claimant.

Orders

Defendant to pay USD 2,183,790.54 to the claimant within 14 days.
Defendant to pay claimant's costs of USD 62,121.63, comprising USD 49,250 in legal costs and USD 12,871.63 in court filing fees.