Counterclaim delaying €728,000 judgment in favour of Microsoft is struck out

Counterclaim delaying €728,000 judgment in favour of Microsoft is struck out
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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, 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 the execution of the judgment was however granted because Moneer had issued a counterclaim for $6m 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.

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. It means Microsoft can fully pursue the 2015 judgment.

The judge was told Moneer was not represented in court and had failed to respond to various 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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