Mad Atelier International B.V. v (1) Axel Manes (2) Catherine Zhilla [2023] DIFC CFI 030 (09 January 2023)

Mad Atelier International B.V. v (1) Axel Manes (2) Catherine Zhilla [2023] DIFC CFI 030 (09 January 2023)

Given the out of time nature of the permission application, the constitutional issues raised, and the challenge to precedent, it is most efficient for the Court of Appeal to determine the application and any related extension of time.

Citation
[2023] DIFC CFI 030
Parties
Claimant: Mad Atelier International B. V.; First Defendant: Axel Manes; Second Defendant: Catherine Zhilla
Jurisdiction
United Arab Emirates
Judgment Date
09 January 2023
Procedural Posture
Civil / Order on Permission to Appeal Application
Outcome
Permission application referred to Court of Appeal for determination
Legal Topics
Appeals, Receivership, Out of Time Applications
Civil Procedure Appeals Receivership Out of Time Applications

Case Brief

Summary, issues, holding and outcome

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Parties

Mad Atelier International B. V.

Claimant

Axel Manes

First Defendant

Catherine Zhilla

Second Defendant

Procedural Posture

Civil / Order on Permission to Appeal Application

Legal Issues

  1. 1 Whether permission to appeal should be granted out of time
  2. 2 Appropriate forum for determination of permission application
  3. 3 Procedural efficiency in handling related applications

Ratio Decidendi

Given the out of time nature of the permission application, the constitutional issues raised, and the challenge to precedent, it is most efficient for the Court of Appeal to determine the application and any related extension of time.

Court Disposition

Permission application referred to Court of Appeal for determination

Orders

  • The Permission Application be referred to the Court of Appeal for determination.