Lucina v Lindae Solutions [2020] DIFC SCT 091 (23 April 2020)

Lucina v Lindae Solutions [2020] DIFC SCT 091 (23 April 2020)

Phase 1 was completed as per the Agreement and acknowledged by the Claimant; phase 2 was not fulfilled due to Defendant's failure to meet service requirements and miscommunication, entitling the Claimant to a refund for phase 2 only.

Citation
[2020] DIFC SCT 091
Parties
Claimant: Lucina; Defendant: Lindae Solutions
Jurisdiction
United Arab Emirates
Judgment Date
23 April 2020
Procedural Posture
Small Claims Tribunal / Final Judgment
Outcome
Partially allowed
Legal Topics
Breach of Contract, Refunds, Service Agreements, Jurisdiction
Contract Law Commercial Law Breach of Contract Refunds Service Agreements Jurisdiction

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Lucina

Claimant

Lindae Solutions

Defendant

Procedural Posture

Small Claims Tribunal / Final Judgment

Legal Issues

  1. 1 Whether the Defendant completed phase 1 and 2 of the Agreement
  2. 2 Whether the Claimant is entitled to a refund for phase 1 and/or phase 2

Ratio Decidendi

Phase 1 was completed as per the Agreement and acknowledged by the Claimant; phase 2 was not fulfilled due to Defendant's failure to meet service requirements and miscommunication, entitling the Claimant to a refund for phase 2 only.

Court Disposition

Partially allowed

Orders

  • The Defendant shall refund the Claimant the sum of SAR 39,900.
  • The Claimant’s other claims are dismissed.