Mubhil v Mirbif [2023] DIFC SCT 204 (14 December 2023)

Mubhil v Mirbif [2023] DIFC SCT 204 (14 December 2023)

The defendant's application to set aside the default order was filed 139 days after the order was issued, far outside the 7-day limit prescribed by RDC 53.35. The defendant failed to provide a sufficient or credible reason for the delay, and the court found the defendant's submissions regarding lack of knowledge of the claim and order to be unreliable and contradicted by evidence. As the application was out of time and no good reason for extension was shown, the application was dismissed without consideration of the merits of the underlying claim.

Citation
[2023] DIFC SCT 204
Parties
Claimant: Mubhil; Defendant: Mirbif
Jurisdiction
United Arab Emirates
Judgment Date
14 December 2023
Procedural Posture
Small Claims Tribunal Application to Set Aside Default Order / Application to Set Aside Default Order, Post Judgment
Outcome
Application dismissed
Legal Topics
Set Aside Default Judgment, Service of Process, Employment Entitlements, Extension of Time
Employment Law Civil Procedure Set Aside Default Judgment Service of Process Employment Entitlements Extension of Time

Case Brief

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Parties

Mubhil

Claimant

Mirbif

Defendant

Procedural Posture

Small Claims Tribunal Application to Set Aside Default Order / Application to Set Aside Default Order, Post Judgment

Legal Issues

  1. 1 Whether the defendant's application to set aside the default order was filed within the required time limit under RDC 53.35
  2. 2 Whether there was sufficient reason to grant an extension of time for filing the application
  3. 3 Whether the defendant had knowledge of the claim and order prior to filing the application

Ratio Decidendi

The defendant's application to set aside the default order was filed 139 days after the order was issued, far outside the 7-day limit prescribed by RDC 53.35. The defendant failed to provide a sufficient or credible reason for the delay, and the court found the defendant's submissions regarding lack of knowledge of the claim and order to be unreliable and contradicted by evidence. As the application was out of time and no good reason for extension was shown, the application was dismissed without consideration of the merits of the underlying claim.

Court Disposition

Application dismissed

Orders

  • The defendant's application to set aside the order is dismissed.
  • Each party shall bear its own costs.