Counterclaim delaying judgment in favour of Microsoft struck out
Posted on 14th January 2020 at 21:30
A counterclaim against Microsoft Ireland Operations which had delayed a $829,000 (€728,000) judgment in its favour has been dismissed by the High Court.
Microsoft had, in 2015, obtained a High Court judgment for the money against Saudi Arabia-based Moneer Omar Thabit Trading Establishment over payment for a retail agreement for distribution of Microsoft products in Saudi.
A stay on execution of the judgment was granted because Moneer had issued a counterclaim for $6 million against Microsoft, claiming it had failed to honour its promises in relation to the retail agreement. The stay was to remain in place pending the outcome of the counterclaim.
‘Heel dragging’
Following delays and a warning by a judge to Moneer to stop “heel dragging” and expedite its counterclaim, the High Court last February lifted the stay.
On Tuesday, Mr Justice Charles Meenan granted an application from Microsoft to strike out the Moneer counterclaim, with the effect Microsoft can fully pursue the 2015 judgment.
The judge was told Moneer was not represented in court and had failed to respond to correspondence from Microsoft in advance of Tuesday’s scheduled hearing of the application to strike out the counterclaim. However, a letter had been sent to the court on Tuesday morning seeking an adjournment which Microsoft opposed.
Mr Justice Meenan said Moneer had been given every opportunity to prepare for the hearing over its counterclaim. It would be wholly unreasonable and unjust to grant an adjournment, he said. He dismissed the counterclaim and also awarded costs to Microsoft.
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