Grand Valley General Trading LLC vs (1) GGICO Sunteck limited (2) Sunteck Lifestyles Limited [2019] DIFC CA 007

Claim No. CA-007-2019

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

In the name of His Highness Sheikh Mohammad Bin Rashid Al Maktoum, Ruler of Dubai

IN THE COURT OF APPEAL

BEFORE CHIEF JUSTICE ZAKI AZMI, DEPUTY CHIEF JUSTICE OMAR AL MUHAIRI AND JUSTICE SIR RICHARD FIELD

BETWEEN:

GRAND VALLEY GENERAL TRADING LLC

Appellant

and

(1) GGICO SUNTECK LIMITED

(2) SUNTECK LIFESTYLES LIMITED

Respondent

JUDGMENT

Hearing:18 September 2019

Counsel:Andrew Maguire instructed by Holman Fenwick Willan Middle East LLP for the Appellant.

Sophia Hurst instructed by Clyde & Co. for the Respondent.

Judgment: 18 September 2019

ORDER

UPON the Order of Chief Justice Zaki Azmi dated 3 July 2019 granting permission to appeal

AND UPON hearing Counsel for the Appellant and Counsel for the Respondent on 18 September 2019

AND UPON reading the submissions and evidence recorded in the Court file

IT IS HEREBY ORDERED THAT:

1.The Appeal is dismissed with costs. Reasons will follow.

2. The Appellant shall pay the Respondents Costs within 30 days of the issuance of this Order, the amount of which shall be assessed by a Registrar if not agreed by the parties

Issued by:

Nour Hineidi

Deputy Registrar

Date of issue: 3 October 2019

At: 10am

JUDGMENT (WITHOUT REASONS)

CHIEF JUSTICE ZAKI AZMI

1.The judge below, H.E. Justice Shamlan Al Sawalehi was correct to hold that the Respondent was directly affected by the Judgment entered in default of an Acknowledgement of Service and had standing to apply to have the Default Judgment set aside.

2. In having standing to apply for the Default Judgment to be set aside, the Respondent was entitled to take the point that the Claim Form had not been served in accordance with the Rules of the Court.

3. Finally, we find that the Appellant failed to serve the claim form in accordance with the Rules, and for that reason, the default Judgment has to be set aside.

4. It follows from the above, that the appeal is dismissed with costs.

5. The reasons for our decision will be given at a later date.

6. Costs to be assessed by a Registrar if not agreed by the parties within 30 days of the issuance of this Order.

DEPUTY CHIEF JUSTICE OMAR AL MUHAIRI

7. I agree with the above and have nothing further to

JUSTICE SIR RICHARD FIELD

8. I agree with the above and have nothing further to

Issued by:

Nour Hineidi

Deputy Registrar

Date of issue: 3 October 2019

At: 10am