Feriha v Fereydoon [2014] DIFC SCT 100 (30 April 2015)

Feriha v Fereydoon [2014] DIFC SCT 100 (30 April 2015)

The Claimant failed to prove that the Defendant incurred damage as a result of the delay, and there was no evidence of unreasonable behavior by the Defendant. Therefore, the application for costs is dismissed.

Citation
[2014] DIFC SCT 100
Parties
Claimant: Feriha; Defendant: Fereydoon
Jurisdiction
United Arab Emirates
Judgment Date
30 April 2015
Procedural Posture
Small Claims Tribunal / Judgment
Outcome
Claimant's application for costs dismissed
Legal Topics
Service Charges, Court Fees, Costs, Burden of Proof
Civil Procedure Service Charges Court Fees Costs Burden of Proof

Case Brief

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Parties

Feriha

Claimant

Fereydoon

Defendant

Procedural Posture

Small Claims Tribunal / Judgment

Legal Issues

  1. 1 Whether the Defendant is liable to pay court fees and debt collector's fees after settling the principal service charge claim
  2. 2 Whether the Claimant has proven damages resulting from the Defendant's delay

Ratio Decidendi

The Claimant failed to prove that the Defendant incurred damage as a result of the delay, and there was no evidence of unreasonable behavior by the Defendant. Therefore, the application for costs is dismissed.

Court Disposition

Claimant's application for costs dismissed

Orders

  • The Claimant’s application in regards to costs be dismissed.
  • Each party shall bear their own costs.