Libby v Leon [2021] DIFC SCT 120 (15 June 2021)

The defendant's application was filed out of time and failed to meet both requirements under FRDC 53.32; therefore, the application to set aside the default order is dismissed.

Citation: [2021] DIFC SCT 120
Parties: Claimant: Libby; Defendant: Leon
Jurisdiction: United Arab Emirates
Judgment Date: 15 June 2021
Procedural Posture: Small Claim / Application to Set Aside Default Order
Outcome: application dismissed
Legal Topics: Application to Set Aside Default Order, Timeliness of Application, Requirements for Reinstatement

Civil Procedure Application to Set Aside Default Order Timeliness of Application Requirements for Reinstatement

Case Brief

Summary, issues, holding and outcome

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

Parties

Libby

Claimant

Leon

Defendant

Procedural Posture

Small Claim / Application to Set Aside Default Order

Legal Issues

1 Whether the defendant's application to set aside the default order was filed within the prescribed time limit
2 Whether the defendant provided a good reason for failing to attend the consultation
3 Whether the defendant demonstrated a real prospect of success in defending the claim

Ratio Decidendi

The defendant's application was filed out of time and failed to meet both requirements under FRDC 53.32; therefore, the application to set aside the default order is dismissed.

Court Disposition

application dismissed

Orders

Each party shall bear their own costs