The case initially reached an out-of-court settlement. Based on this settlement, the Court issued a Tomlin order, which provided that in the case of default by New Marathon, the CAA could apply to the Court for a decision claiming the sum owed. New Marathon did not comply with the Tomlin order in that they failed to pay the first instalment of the debt owed. The CAA then applied to the High Court of Justice for an order based on the Tomlin order and did not give any prior notice of their application, which was allowed for in the initial order.
The Court accepted the application and issued an order that New Marathon should pay the amount. The CAA asked their lawyers, Georgiades & Mylonas, to register and enforce the order for the payment against New Marathon since New Marathon is a Cypriot company. Georgiades & Mylonas, using European Regulation 105, ECC[NO 805/2004], which gives the right to a claimant to register a judgment which was issued against a debtor who has not appeared in Court, went on to be the first law office in Cyprus to register the judgment in default in Cyprus without any special procedures, such as making an application by summons and appearing before a judge requesting an order to certify the judgment.