The Collection Club Restaurant Limited (2) Laurent Buisine (3) Hugo Valat v Mag Development Services Limited [2026] DIFC CA 006 (24 April 2026)

The Collection Club Restaurant Limited (2) Laurent Buisine (3) Hugo Valat v Mag Development Services Limited [2026] DIFC CA 006 (24 April 2026)

The obligation to pay rent under the lease is a mere obligation to pay, excluded from force majeure relief by Article 82 of DIFC Contract Law; summary dismissal of the defence was appropriate as no triable issue existed.

Citation
[2026] DIFC CA 006
Parties
Appellant/defendant: The Collection Club Restaurant Limited; Appellant/defendant: Laurent Buisine; Appellant/defendant: Hugo Valat; Respondent/claimant: Mag Development Services Limited
Jurisdiction
United Arab Emirates
Judgment Date
24 April 2026
Procedural Posture
Appeal / Court of Appeal Post Hearing, Order With Reasons
Outcome
Appeal dismissed
Legal Topics
Force Majeure, Lease Termination, Obligation to Pay Rent, Summary Judgment, Frustration of Contract
Contract Law Commercial Law Property Law Force Majeure Lease Termination Obligation to Pay Rent Summary Judgment Frustration of Contract

Case Brief

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Parties

The Collection Club Restaurant Limited

Appellant/defendant

Laurent Buisine

Appellant/defendant

Hugo Valat

Appellant/defendant

Mag Development Services Limited

Respondent/claimant

Procedural Posture

Appeal / Court of Appeal Post Hearing, Order With Reasons

Legal Issues

  1. 1 Whether force majeure under Article 82 of DIFC Contract Law excuses non-payment of rent
  2. 2 Whether the obligation to pay rent is a 'mere obligation to pay' under Article 82
  3. 3 Whether summary judgment/strike out was appropriate given alleged fact-sensitive issues

Ratio Decidendi

The obligation to pay rent under the lease is a mere obligation to pay, excluded from force majeure relief by Article 82 of DIFC Contract Law; summary dismissal of the defence was appropriate as no triable issue existed.

Court Disposition

Appeal dismissed

Orders

  • Appellants to pay Respondent's costs, to be assessed on the standard basis by immediate assessment.
  • Respondent to file Statement of Costs and submissions within 21 days.