(1) Dario Costantino Spallone (2) Mattia Bodini v Alessandro Pedersoli [2019] DIFC CFI 091 (30 March 2020)

(1) Dario Costantino Spallone (2) Mattia Bodini v Alessandro Pedersoli [2019] DIFC CFI 091 (30 March 2020)

The defendant failed to respond to the claim within the required time and all procedural requirements for default judgment were satisfied; therefore, the court grants the claimants' request for default judgment, orders the transfer of shares, and awards costs to the claimants.

Citation
[2019] DIFC CFI 091
Parties
Claimant: Dario Costantino Spallone; Claimant: Mattia Bodini; Defendant: Alessandro Pedersoli
Jurisdiction
United Arab Emirates
Judgment Date
30 March 2020
Procedural Posture
Civil / Default Judgment
Outcome
default judgment granted for claimants
Legal Topics
Default Judgment, Share Transfer, Costs
Commercial Law Company Law Default Judgment Share Transfer Costs

Case Brief

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Parties

Dario Costantino Spallone

Claimant

Mattia Bodini

Claimant

Alessandro Pedersoli

Defendant

Procedural Posture

Civil / Default Judgment

Legal Issues

  1. 1 Whether the conditions for default judgment under RDC 13 are met
  2. 2 Whether the defendant must transfer shares to the claimants
  3. 3 Whether the claimants are entitled to costs

Ratio Decidendi

The defendant failed to respond to the claim within the required time and all procedural requirements for default judgment were satisfied; therefore, the court grants the claimants' request for default judgment, orders the transfer of shares, and awards costs to the claimants.

Court Disposition

default judgment granted for claimants

Orders

  • Defendant to transfer his shares in Luminal Agency FZ-LLC to the claimants
  • Claimants to pay defendant AED 22,000 as nominal amount for share transfer