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You are here: BAILII >> Databases >> The Dubai International Financial Centre >> (1) Dario Costantino Spallone (2) Mattia Bodini v Alessandro Pedersoli [2019] DIFC CFI 091 (30 March 2020) URL: http://www.bailii.org/ae/cases/DIFC/2020/cfi_091.html Cite as: [2019] DIFC CFI 91, [2019] DIFC CFI 091

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(1) Dario Costantino Spallone (2) Mattia Bodini v Alessandro Pedersoli [2019] DIFC CFI 091

March 30, 2020 Court of First Instance -Judgments

Claim No. CFI 091/2019

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

Court

IN THE COURT

Court

OF FIRST INSTANCE

BETWEEN

(1) DARIO COSTANTINO SPALLONE

(2) MATTIA BODINI

Claimants

and

ALESSANDRO PEDERSOLI

Defendant

Defendant

---

DEFAULT JUDGMENT MADE BY JUDICIAL OFFICER NASSIR AL NASSER

---

UPONthe request made by the Claimants on 24 March 2020 for a Default Judgment in accordance with Rule 13.1 (1) and (2) of the Rules of the DIFC Courts

DIFC Courts

(“RDC”) (the ”Request”), it is found as follows:

1. The Request is not one prohibited by RDC 13.3 (1) or (2).

2. The Defendant has failed to file an Acknowledgment of Service

Service

or a Defence to the claim (or any part of the claim) with the DIFC

DIFC

Courts and the relevant time for doing so has expired (RDC 13.4).

3. The Claimant

Claimant

filed a Certificate of Service pursuant to RDC 9.43 on 27 February 2020.

4. The Claimant has followed the required procedure for obtaining Default Judgment (RDC 13.7 and 13.8).

5. The DIFC Courts are satisfied that the conditions of RDC 13.22 and RDC 13.23 [Defendant served outside jurisdiction] have been met.

6. The Claimant has submitted evidence, as required by RDC 13.24, that: (i) the claim is one that the DIFC Courts have power to hear and decide; (ii) no other court has exclusive jurisdiction to hear and decide the claim; and (iii) the claim has been properly served (RDC 13.22 and 13.23).

ACCORDINGLY IT IS HEREBY ORDERED THAT:

7. The Request is granted.

8. The Defendant is ordered to transfer his shares in, Luminal Agency FZ-LLC, to the Claimant. The Claimant shall pay the Defendant AED 22,000, being a nominal amount for the transfer of shares.

9. The Defendant shall pay the Claimants the costs of the claim, to be assessed by the Registrar

Registrar

, if not agreed.

10. The Claimants shall serve this order on the Defendant.

Issued by:

Nour Hineidi

Deputy Registrar

Deputy Registrar

Date of Issue: 29 March 2020

At: 4pm