Sarinton Trading Inc v Mr Andreas Michael Reichmuth [2013] DIFC CFI 020
Sarinton Trading Inc v Mr Andreas Michael Reichmuth [2013] DIFC CFI 020
December 17, 2013  Court of First Instance -Judgments,Judgments
Claim No. CFI 020/2013
THE DUBAI INTERNATIONAL FINANCIAL CENTRE
COURTS
IN THE
COURT
OF FIRST INSTANCE
BEFORE JUSTICE SIR JOHN CHADWICK
BETWEEN
SARINTON TRADING INC
Claimant
and
MR ANDREAS MICHAEL REICHMUTH
Defendant
DEFAULT JUDGMENT
UPON
the Application by the Claimant dated 14 November 2013.
UPON
reading (1) the Claim Form and Particulars of Claim; (2) the Request for Default Judgment dated 14 November 2013; and (3) the First
Affidavit
of Simon Charles Goodall and Exhibit "SCG1" dated 14 November 2013.
UPON
hearing Counsel for the Claimant on 17 December 2013.
AND UPON
the
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
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 to
DIFC
The Dubai International Financial Centre.
" 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
or vary the default judgment.