Amlak Finance Pjsc v (1) Mr Nigel Anthony John Herbert (2) Mrs Deborah Jane Reid (3) DIFC Registrar of Real Property [2015] DIFC CFI 010 (07 February 2016)

Amlak Finance Pjsc v (1) Mr Nigel Anthony John Herbert (2) Mrs Deborah Jane Reid (3) DIFC Registrar of Real Property [2015] DIFC CFI 010 (07 February 2016)

The claimant is entitled to default judgment for the specified principal and interest sums as the defendants failed to respond, all procedural requirements were satisfied, and the DIFC Courts have jurisdiction.

Citation
[2015] DIFC CFI 010
Parties
Claimant: Amlak Finance PJSC; Defendant: Mr Nigel Anthony John Herbert; Defendant: Mrs Deborah Jane Reid; Defendant: DIFC Registrar of Real Property
Jurisdiction
United Arab Emirates
Judgment Date
07 February 2016
Procedural Posture
Civil / Default Judgment
Outcome
Default judgment granted for the claimant.
Legal Topics
Default Judgment, Debt Recovery, Interest Calculation
Commercial Law Banking and Finance Default Judgment Debt Recovery Interest Calculation

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Parties

Amlak Finance PJSC

Claimant

Mr Nigel Anthony John Herbert

Defendant

Mrs Deborah Jane Reid

Defendant

DIFC Registrar of Real Property

Defendant

Procedural Posture

Civil / Default Judgment

Legal Issues

  1. 1 Whether the claimant is entitled to default judgment for the specified sum against the defendants due to non-filing of acknowledgment or defence.
  2. 2 Whether the claim was properly served and within the jurisdiction of the DIFC Courts.

Ratio Decidendi

The claimant is entitled to default judgment for the specified principal and interest sums as the defendants failed to respond, all procedural requirements were satisfied, and the DIFC Courts have jurisdiction.

Court Disposition

Default judgment granted for the claimant.

Orders

  • First and Second Defendants to pay USD 1,176,102.44 to the claimant within 14 days.
  • First and Second Defendants to pay interest on the judgment sum at 1% above LIBOR per annum from 7 February 2016 until payment.