Muran v Milind [2020] DIFC SCT 315 (06 January 2021)

Muran v Milind [2020] DIFC SCT 315 (06 January 2021)

The claimant provided sufficient evidence of completed works and entitlement to payment under the Completion Agreement. The defendant failed to attend the hearing or provide adequate evidence for the counterclaim. The court, therefore, orders payment to the claimant and dismisses the counterclaim.

Citation
[2020] DIFC SCT 315
Parties
Claimant: Muran; Defendant: Milind
Jurisdiction
United Arab Emirates
Judgment Date
06 January 2021
Procedural Posture
Small Claims Tribunal (sct) Claim and Counterclaim / Final Judgment After Hearing; Defendant Absent
Outcome
Claim allowed; counterclaim dismissed
Legal Topics
Breach of Contract, Unpaid Invoices, Counterclaim Dismissal, Jurisdiction of DIFC Courts
Contract Law Construction Law Breach of Contract Unpaid Invoices Counterclaim Dismissal Jurisdiction of DIFC Courts

Case Brief

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Parties

Muran

Claimant

Milind

Defendant

Procedural Posture

Small Claims Tribunal (sct) Claim and Counterclaim / Final Judgment After Hearing; Defendant Absent

Legal Issues

  1. 1 Whether the defendant owes the claimant AED 492,764.09 for completed works under the Completion Agreement
  2. 2 Whether the defendant's counterclaim for damages and costs is valid

Ratio Decidendi

The claimant provided sufficient evidence of completed works and entitlement to payment under the Completion Agreement. The defendant failed to attend the hearing or provide adequate evidence for the counterclaim. The court, therefore, orders payment to the claimant and dismisses the counterclaim.

Court Disposition

Claim allowed; counterclaim dismissed

Orders

  • Defendant to pay claimant AED 492,764.09
  • Defendant's counterclaim dismissed