Luhart v Lifan [2022] DIFC CT 135 (12 December 2022)

Luhart v Lifan [2022] DIFC CT 135 (12 December 2022)

The Defendant failed to discharge its burden of proof under RDC 53.91 and did not provide evidence of rejecting the variation. The lack of objection and acceptance of delivery constituted acceptance by conduct. The Defendant's payments were properly accounted for by the Claimant, and no miscalculation was found.

Citation
[2022] DIFC CT 135
Parties
Claimant/respondent: Luhart; Defendant/appellant: Lifan
Jurisdiction
United Arab Emirates
Judgment Date
12 December 2022
Procedural Posture
Civil / Renewed Application for Permission to Appeal (pta) in Court of First Instance
Outcome
Application dismissed
Legal Topics
Variation of Contract, Implied Acceptance by Conduct, Burden of Proof, Assessment of Quantum, Appeal Procedure
Contract Law Civil Procedure Variation of Contract Implied Acceptance by Conduct Burden of Proof Assessment of Quantum Appeal Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Luhart

Claimant/respondent

Lifan

Defendant/appellant

Procedural Posture

Civil / Renewed Application for Permission to Appeal (pta) in Court of First Instance

Legal Issues

  1. 1 Whether the Defendant is liable for additional costs arising from a variation to the contract for supply of doors
  2. 2 Whether the Defendant's payments were properly accounted for in the final quantum
  3. 3 Whether the Defendant discharged its burden of proof to justify permission to appeal

Ratio Decidendi

The Defendant failed to discharge its burden of proof under RDC 53.91 and did not provide evidence of rejecting the variation. The lack of objection and acceptance of delivery constituted acceptance by conduct. The Defendant's payments were properly accounted for by the Claimant, and no miscalculation was found.

Court Disposition

Application dismissed

Orders

  • The renewed application for permission to appeal is dismissed in its entirety.
  • The Appellant shall pay the Claimant’s costs for defending this application on a standard basis, or as assessed by the Registrar if not agreed.