Johnson Arabia LLC v BIC Contracting LLC (Formerly HLG Contracting LLC) [2020] DIFC CFI 075 (23 June 2021)

Johnson Arabia LLC v BIC Contracting LLC (Formerly HLG Contracting LLC) [2020] DIFC CFI 075 (23 June 2021)

Immediate judgment was granted because the defendant had no real prospect of successfully defending the claim; all denials and reservations in the defence were remedied or estopped by prior findings, and no compelling reason existed for trial. The court found that all relevant hire agreements were governed by opt-in jurisdiction clauses, and the claimant had provided all necessary supporting documents.

Citation
[2020] DIFC CFI 075
Parties
Claimant: Johnson Arabia LLC; Defendant: BIC Contracting LLC (formerly HLG Contracting LLC)
Jurisdiction
United Arab Emirates
Judgment Date
23 June 2021
Procedural Posture
Commercial Claim for Unpaid Invoices Under Hire Agreements / Immediate Judgment Application Granted at First Instance
Outcome
Immediate judgment granted for claimant
Legal Topics
Immediate Judgment, Hire Agreements, Jurisdiction, Issue Estoppel, Costs, Interest on Judgment

Case Brief

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Parties

Johnson Arabia LLC

Claimant

BIC Contracting LLC (formerly HLG Contracting LLC)

Defendant

Procedural Posture

Commercial Claim for Unpaid Invoices Under Hire Agreements / Immediate Judgment Application Granted at First Instance

  1. 1 Whether the defendant has any real prospect of successfully defending the claim for unpaid invoices under hire agreements
  2. 2 Whether there is any compelling reason for the case to proceed to trial
  3. 3 Whether the DIFC Courts have jurisdiction over the claim

Ratio Decidendi

Immediate judgment was granted because the defendant had no real prospect of successfully defending the claim; all denials and reservations in the defence were remedied or estopped by prior findings, and no compelling reason existed for trial. The court found that all relevant hire agreements were governed by opt-in jurisdiction clauses, and the claimant had provided all necessary supporting documents.

Court Disposition

Immediate judgment granted for claimant

Orders

  • Immediate Judgment Application granted
  • Judgment for claimant against defendant for AED 2,701,719.37