Miklay v Midhal [2023] DIFC SCT 221 (16 August 2023)

Miklay v Midhal [2023] DIFC SCT 221 (16 August 2023)

The Defendant is responsible for obtaining approvals as per clause 3.3; no evidence shows Claimant caused delay or failed obligations. Claimant entitled to payment for work performed and interest as per contract terms.

Citation
[2023] DIFC SCT 221
Parties
Claimant: Miklay; Defendant: Midhal
Jurisdiction
United Arab Emirates
Judgment Date
16 August 2023
Procedural Posture
Small Claims Tribunal / Final Judgment
Outcome
Claim allowed
Legal Topics
Consultancy Service Agreement, Unpaid Invoices, Interest on Delayed Payment, Termination of Contract, Court Fees
Contract Law Commercial Law Consultancy Service Agreement Unpaid Invoices Interest on Delayed Payment Termination of Contract Court Fees

Case Brief

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Parties

Miklay

Claimant

Midhal

Defendant

Procedural Posture

Small Claims Tribunal / Final Judgment

Legal Issues

  1. 1 Whether the delay was caused by the Claimant or Defendant
  2. 2 Whether the Claimant is entitled to payment of invoices and interest
  3. 3 Responsibility for obtaining landlord approvals

Ratio Decidendi

The Defendant is responsible for obtaining approvals as per clause 3.3; no evidence shows Claimant caused delay or failed obligations. Claimant entitled to payment for work performed and interest as per contract terms.

Court Disposition

Claim allowed

Orders

  • Defendant to pay Claimant AED 42,296.27 (including interest)
  • Defendant to pay Claimant Court fee AED 2,067.18