Omid v Orah [2025] DIFC SCT 011 (22 October 2025)

Omid v Orah [2025] DIFC SCT 011 (22 October 2025)

Orah is not liable for customs duty because it did not authorise permanent export or instruct the broker to prepare documentation to that effect; Omid retained control over export process and broker. Orah is entitled to offset losses for delay as substantiated by documentation. Permission to appeal is refused as no error in Primary Judge's findings.

Citation
[2025] DIFC SCT 011
Parties
Claimant/appellant: Omid; Defendant/respondent: Orah
Jurisdiction
United Arab Emirates
Judgment Date
22 October 2025
Procedural Posture
Appeal From Court of First Instance Judgment / Permission to Appeal Application
Outcome
Permission to appeal refused
Legal Topics
Hire Contract, Customs Duty Liability, Delay Penalties, Contractual Interpretation
Contract Law Commercial Law Hire Contract Customs Duty Liability Delay Penalties Contractual Interpretation

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Parties

Omid

Claimant/appellant

Orah

Defendant/respondent

Procedural Posture

Appeal From Court of First Instance Judgment / Permission to Appeal Application

Legal Issues

  1. 1 Whether Orah is liable for customs duty under the Hire Contract
  2. 2 Whether Orah is entitled to offset losses for delay against Omid's claim
  3. 3 Whether Omid is entitled to the full amount claimed including delay penalty and interest

Ratio Decidendi

Orah is not liable for customs duty because it did not authorise permanent export or instruct the broker to prepare documentation to that effect; Omid retained control over export process and broker. Orah is entitled to offset losses for delay as substantiated by documentation. Permission to appeal is refused as no error in Primary Judge's findings.

Court Disposition

Permission to appeal refused

Orders

  • Permission to appeal is refused.
  • No order as to costs.