Sheremet v CQT Investment Group Ltd [2025] ADGMCFI 0024 (15 October 2025)
CQT failed to demonstrate a real prospect of successfully defending the claim or any other good reason to set aside the default judgment. The application was made promptly, but the deliberate decision not to comply with the conditional order for payment into court, combined with unreliable evidence and insolvency, justified refusal to set aside the judgment.
- Citation
- [2025] ADGMCFI 0024
- Parties
- Claimant: Andriy Sheremet; Defendant: CQT Investment Group Ltd
- Jurisdiction
- United Arab Emirates
- Judgment Date
- 15 October 2025
- Procedural Posture
- Commercial and Civil / Application to Set Aside Default Judgment
- Outcome
- Set Aside Application dismissed
- Legal Topics
- Default Judgment, Setting Aside Judgment, Relief From Sanctions, Conditional Orders, Enforcement of Judgments
Case Brief
Summary, issues, holding and outcome
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Parties
Andriy Sheremet
Claimant
CQT Investment Group Ltd
Defendant
Procedural Posture
Commercial and Civil / Application to Set Aside Default Judgment
Legal Issues
- 1 Whether the defendant has a real prospect of successfully defending the claim under ADGM CPR 41(2)(a)
- 2 Whether there is some other good reason to set aside the default judgment under ADGM CPR 41(2)(b)
- 3 Whether the application to set aside was made promptly under ADGM CPR 41(2)(c)
Ratio Decidendi
CQT failed to demonstrate a real prospect of successfully defending the claim or any other good reason to set aside the default judgment. The application was made promptly, but the deliberate decision not to comply with the conditional order for payment into court, combined with unreliable evidence and insolvency, justified refusal to set aside the judgment.
Court Disposition
Set Aside Application dismissed
Orders
- The Set Aside Application is dismissed.
- The Defendant is to pay the Claimant's costs of the Set Aside Application, to be summarily assessed on the standard basis if not agreed.
Full Case Text
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