Flavius v Fleur Holding [2015] DIFC SCT 119 (25 August 2015)

Flavius v Fleur Holding [2015] DIFC SCT 119 (25 August 2015)

The Claimant is entitled to a refund as he was not incorporated as a shareholder and did not receive the shares or any notification of incorporation.

Citation
[2015] DIFC SCT 119
Parties
Claimant: FLAVIUS; Defendant: FLEUR HOLDING
Jurisdiction
United Arab Emirates
Judgment Date
25 August 2015
Procedural Posture
Small Claims Tribunal / Judgment
Outcome
Claim allowed
Legal Topics
Shareholder Agreements, Refund of Investment, Incorporation of Shareholder
Commercial Law Contract Law Shareholder Agreements Refund of Investment Incorporation of Shareholder

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Parties

FLAVIUS

Claimant

FLEUR HOLDING

Defendant

Procedural Posture

Small Claims Tribunal / Judgment

Legal Issues

  1. 1 Whether the Claimant is entitled to a refund of the amount paid under the shareholder agreement
  2. 2 Whether the Claimant was properly incorporated as a shareholder

Ratio Decidendi

The Claimant is entitled to a refund as he was not incorporated as a shareholder and did not receive the shares or any notification of incorporation.

Court Disposition

Claim allowed

Orders

  • The Defendant shall pay the Claimant the sum of AED 183,750.
  • The Defendant shall pay the Claimant the Courts fees.