Castello Cafe And Restaurant LLC SPC v TSL Properties LLC & Anor (Summary Judgment) [2026] ADGMCFI 0005 (04 February 2026)

Castello Cafe And Restaurant LLC SPC v TSL Properties LLC & Anor (Summary Judgment) [2026] ADGMCFI 0005 (04 February 2026)

Three Sixty, Modon, and MENA are not parties to the lease and cannot be liable in contract. No tortious duty of care or negligent misstatement arises, and parent company liability is not established. There is no real prospect of Castello succeeding against these defendants; summary judgment is appropriate.

Citation
[2026] ADGMCFI 0005
Parties
Claimant: Castello Cafe and Restaurant - L. L. C - S. P. C; First Defendant: TSL Properties LLC; Second Defendant: Three Sixty Communities Estate LLC; Third Defendant: Modon Holding - P. S. C; Fourth Defendant: MENA Real Estate Solutions LLC
Jurisdiction
United Arab Emirates
Judgment Date
04 February 2026
Procedural Posture
Commercial Lease Dispute / Summary Judgment and Strike Out Applications
Outcome
Summary judgment entered in favour of Three Sixty, Modon, and MENA; claims against them dismissed. Claims against TSL to proceed to trial.
Legal Topics
Summary Judgment, Strike Out, Security for Costs, Economic Loss in Negligence, Commercial Lease Liability, Facility Management Liability, Parent Company Liability
Commercial Law Real Property Law Tort Law Corporate Law Summary Judgment Strike Out Security for Costs Economic Loss in Negligence +3 more

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Parties

Castello Cafe and Restaurant - L. L. C - S. P. C

Claimant

TSL Properties LLC

First Defendant

Three Sixty Communities Estate LLC

Second Defendant

Modon Holding - P. S. C

Third Defendant

MENA Real Estate Solutions LLC

Fourth Defendant

Procedural Posture

Commercial Lease Dispute / Summary Judgment and Strike Out Applications

Legal Issues

  1. 1 Whether Three Sixty, Modon, and MENA can be liable in contract or tort for losses arising from inability to renew a No Objection Certificate (NOC) under a commercial lease
  2. 2 Whether economic loss can be claimed in negligence
  3. 3 Whether a parent company can be held liable for acts of its subsidiary

Ratio Decidendi

Three Sixty, Modon, and MENA are not parties to the lease and cannot be liable in contract. No tortious duty of care or negligent misstatement arises, and parent company liability is not established. There is no real prospect of Castello succeeding against these defendants; summary judgment is appropriate.

Court Disposition

Summary judgment entered in favour of Three Sixty, Modon, and MENA; claims against them dismissed. Claims against TSL to proceed to trial.

Orders

  • Summary judgment for Three Sixty, Modon, and MENA
  • Strike out applications dismissed