Al Khaleej Investment PSC v Ocean Pearl Real Estate Comp LLC [2025] ADGMCFI 0012 (10 June 2025)
Service of the claim form by email to an address listed on an official government record for the company constitutes valid service under ADGM rules and practice directions. The defendant raised issues relevant to the court's discretion on specific performance, justifying an extension of time to file a defence.
- Citation
- [2025] ADGMCFI 0012
- Parties
- Claimant: AL KHALEEJ INVESTMENT P. S. C.; Defendant: OCEAN PEARL REAL ESTATE COMP LLC
- Jurisdiction
- United Arab Emirates
- Judgment Date
- 10 June 2025
- Procedural Posture
- Commercial and Civil / Interlocutory Application for Extension of Time to File Defence
- Outcome
- Extension of time granted for defendant to file and serve defence; costs reserved.
- Legal Topics
- Service of Process, Specific Performance, Extension of Time, Interim Injunctions, Land Registration, Jurisdictional Transition
Case Brief
Summary, issues, holding and outcome
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Parties
AL KHALEEJ INVESTMENT P. S. C.
Claimant
OCEAN PEARL REAL ESTATE COMP LLC
Defendant
Procedural Posture
Commercial and Civil / Interlocutory Application for Extension of Time to File Defence
Legal Issues
- 1 Whether service of the claim by email to an address listed on a government record constitutes valid service on the company under ADGM rules and practice directions
- 2 Whether the defendant has raised a sufficiently arguable defence to justify an extension of time to file a defence
Ratio Decidendi
Service of the claim form by email to an address listed on an official government record for the company constitutes valid service under ADGM rules and practice directions. The defendant raised issues relevant to the court's discretion on specific performance, justifying an extension of time to file a defence.
Court Disposition
Extension of time granted for defendant to file and serve defence; costs reserved.
Orders
- Notice of Appearance filed on 1 May 2025 treated as Acknowledgment of Service; time for filing and serving Acknowledgment of Service extended.
- Defendant to file and serve Defence by 4.00 pm on 30 June 2025; time extended accordingly.
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