Luciane v Leon [2020] DIFC SCT 117 (28 May 2020)

Luciane v Leon [2020] DIFC SCT 117 (28 May 2020)

The Defendant is liable for both the service charges and penalties as the obligation to pay arises independently of receipt of invoices; the Claimant fulfilled its duty by sending invoices to multiple addresses, and the Defendant was aware of the recurring obligation. Failure to receive invoices does not excuse payment or penalties.

Citation
[2020] DIFC SCT 117
Parties
Claimant: Luciane; Defendant: Leon
Jurisdiction
United Arab Emirates
Judgment Date
28 May 2020
Procedural Posture
Small Claims Tribunal (sct) Claim / Judgment After Hearing
Outcome
Claim allowed in part
Legal Topics
Service Charges, Penalties for Late Payment, Jurisdiction of DIFC Courts
Property Law Strata/community Title Law Service Charges Penalties for Late Payment Jurisdiction of DIFC Courts

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Parties

Luciane

Claimant

Leon

Defendant

Procedural Posture

Small Claims Tribunal (sct) Claim / Judgment After Hearing

Legal Issues

  1. 1 Whether the Defendant is liable for unpaid service charges and penalties under the Strata Title Law and Arrears Policy
  2. 2 Whether the Defendant's failure to receive invoices due to incorrect email address excuses non-payment or penalties

Ratio Decidendi

The Defendant is liable for both the service charges and penalties as the obligation to pay arises independently of receipt of invoices; the Claimant fulfilled its duty by sending invoices to multiple addresses, and the Defendant was aware of the recurring obligation. Failure to receive invoices does not excuse payment or penalties.

Court Disposition

Claim allowed in part

Orders

  • The Defendant shall pay the Claimant AED 32,549.05 in relation to service charges and penalties.
  • The Defendant shall pay the Claimant the Court filing fee in the sum of AED 1,547.85.