Sarinton Trading Inc v Mr Andreas Michael Reichmuth [2013] DIFC CFI 020 (17 December 2013)

Claim No. CFI 020/2013

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

Court

IN THE COURT

Court
OF FIRST INSTANCE

BEFORE JUSTICE SIR JOHN CHADWICK

BETWEEN

SARINTON TRADING INC Claimant
Claimant

and

MR ANDREAS MICHAEL REICHMUTH

 Defendant
Defendant

DEFAULT JUDGMENT

UPONthe Application by the Claimant dated 14 November 2013.

UPONreading (1) the Claim Form and Particulars of Claim; (2) the Request for Default Judgment dated 14 November 2013; and (3) the First Affidavit

Affidavit
of Simon Charles Goodall and Exhibit "SCG1" dated 14 November 2013.

UPONhearing Counsel for the Claimant on 17 December 2013.

AND UPONthe Court

Court
being satisfied from its allegations made in the Particulars of Claim that the condition precedent in the Assignment Agreement made between the Defendant and the Claimant (which is Exhibit C7 to the Particulars of Claim) has been fulfilled

IT IS DECLARED THAT:

Subject to the consent of Damac Real Estate Asset Management Company Limited, the interests of the Defendant under the Sale and Purchase Agreements dated 13 May 2007 for unit numbers DFA/29/A2905, DFA/29/A2906, DFO/P7A/7 and DFO/P7A/8 in Park Towers at the Dubai International Financial Centre have been wholly assigned to the Claimant.

AND IT IS ORDERED THAT:

1 The costs of and associated with the Claimant's claim and the Claimant's application for default judgment will be subject to a detailed assessment before the DIFC Courts
DIFC Courts
Registrar
Registrar
.
2 The Claimant shall be at liberty to apply to the Court for:
(a) damages resulting from the Defendant's breach of the Assignment Agreement;
(b) pre- and post-judgment interest on any damages, costs or disbursements; and
(c) such further or other relief as the Court may deem just.

 

Dated 17 December 2013.

Pursuant toDIFC

" href="/glossary/difc/">DIFC-Complinet/difccourts.complinet.com/en/display/display8318.html?rbid=2725&element_id=5424" target="_blank">RDC 14.2, the Defendant's attention is drawn to his right to make an application to set aside
Set aside
or vary the default judgment.