Nina v Nolan [2024] DIFC SCT 080 (23 April 2024)

Nina v Nolan [2024] DIFC SCT 080 (23 April 2024)

The Defendant is liable to pay the outstanding invoices as the goods were delivered, invoices were signed by the Defendant, and there is no evidence that the Defendant raised the issue of rejection or returned the goods to the Claimant as required by the contract.

Citation
[2024] DIFC SCT 080
Parties
Claimant: Nina; Defendant: Nolan
Jurisdiction
United Arab Emirates
Judgment Date
23 April 2024
Procedural Posture
Civil Small Claims Tribunal / Judgment After Hearing
Outcome
Claim allowed
Legal Topics
Breach of Contract, Payment of Invoices, Return of Goods, Jurisdiction of DIFC Courts

Case Brief

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Parties

Nina

Claimant

Nolan

Defendant

Procedural Posture

Civil Small Claims Tribunal / Judgment After Hearing

  1. 1 Whether the Defendant is liable to pay the outstanding invoices for goods delivered by the Claimant
  2. 2 Whether the Defendant validly rejected the goods or returned them in accordance with the contract terms

Ratio Decidendi

The Defendant is liable to pay the outstanding invoices as the goods were delivered, invoices were signed by the Defendant, and there is no evidence that the Defendant raised the issue of rejection or returned the goods to the Claimant as required by the contract.

Court Disposition

Claim allowed

Orders

  • The Defendant shall pay the Claimant AED 88,000.
  • The Defendant shall pay the Claimant the Court fee in the amount of AED 4,701.21.