Flavian v (1) Floella (2) Fleta [2015] DIFC SCT 016 (21 October 2015)

Flavian v (1) Floella (2) Fleta [2015] DIFC SCT 016 (21 October 2015)

The DIFC Courts have jurisdiction based on the written agreement. The First Defendant is not personally liable as Fleta Group (Canada) was a properly constituted company. The Second Defendant is liable for unpaid invoices under the Service Agreement and Supplemental Service Agreement. The amounts claimed are due and payable, with interest to be paid at 1% plus EIBOR.

Citation
[2015] DIFC SCT 016
Parties
Claimant: Flavian; First Defendant: Floella; Second Defendant: Fleta Group (Canada)
Jurisdiction
United Arab Emirates
Judgment Date
21 October 2015
Procedural Posture
Small Claims Tribunal / Judgment
Outcome
Claim granted in part; claim against First Defendant dismissed; claim against Second Defendant allowed.
Legal Topics
Service Agreements, Jurisdiction, Company Liability, Debt Recovery, Interest on Judgment
Contract Law Commercial Law Service Agreements Jurisdiction Company Liability Debt Recovery Interest on Judgment

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Parties

Flavian

Claimant

Floella

First Defendant

Fleta Group (Canada)

Second Defendant

Procedural Posture

Small Claims Tribunal / Judgment

Legal Issues

  1. 1 Whether the DIFC Courts have jurisdiction over the dispute
  2. 2 Whether the First Defendant is personally liable for the debt
  3. 3 Whether the Second Defendant is liable for the debt under the Service Agreement and Supplemental Service Agreement

Ratio Decidendi

The DIFC Courts have jurisdiction based on the written agreement. The First Defendant is not personally liable as Fleta Group (Canada) was a properly constituted company. The Second Defendant is liable for unpaid invoices under the Service Agreement and Supplemental Service Agreement. The amounts claimed are due and payable, with interest to be paid at 1% plus EIBOR.

Court Disposition

Claim granted in part; claim against First Defendant dismissed; claim against Second Defendant allowed.

Orders

  • Claim against First Defendant dismissed.
  • Second Defendant to pay Claimant AED 36,862.