Abena A/S v Green Gate Trading FZE [2023] DIFC CFI 117 (09 March 2023)

Abena A/S v Green Gate Trading FZE [2023] DIFC CFI 117 (09 March 2023)

The claimant is entitled to default judgment for the specified sum, interest, and costs because the defendant failed to respond to the claim and all procedural requirements under the Rules of the DIFC Courts were satisfied.

Source-derived case information.

Citation
[2023] DIFC CFI 117
Parties
Claimant: Abena A/S; Defendant: Green Gate Trading FZE
Jurisdiction
United Arab Emirates
Judgment Date
09 March 2023
Procedural Posture
Civil / Default Judgment
Outcome
Default judgment granted for the claimant.
Legal Topics
Default Judgment, Debt Recovery, Interest on Judgment Debt, Costs
Civil Procedure Commercial Law Default Judgment Debt Recovery Interest on Judgment Debt Costs

Source-derived case record

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Parties

Abena A/S

Claimant

Green Gate Trading FZE

Defendant

Procedural Posture

Civil / Default Judgment

Legal Issues

  1. 1 Whether the claimant is entitled to default judgment for a specified sum due to the defendant's failure to acknowledge service or file a defence.
  2. 2 Whether the procedural requirements for default judgment under the Rules of the DIFC Courts have been satisfied.

Ratio Decidendi

The claimant is entitled to default judgment for the specified sum, interest, and costs because the defendant failed to respond to the claim and all procedural requirements under the Rules of the DIFC Courts were satisfied.

Court Disposition

Default judgment granted for the claimant.

Orders

  • Defendant to pay claimant USD 225,913.2 within 14 days, comprising USD 173,305.20 principal and USD 52,608 interest at 8% per annum.
  • Interest at 9% per annum to accrue on the total amount from the date of the order until full payment, at a daily rate of USD 42.73.