Norma v Nunzio [2024] DIFC SCT 141 (05 June 2024)

Norma v Nunzio [2024] DIFC SCT 141 (05 June 2024)

The defendant's application was filed within the required time and demonstrated a realistic prospect of success; therefore, the set aside application is granted and the original order is set aside.

Source-derived case information.

Citation
[2024] DIFC SCT 141
Parties
Claimant: Norma; Defendant: Nunzio
Jurisdiction
United Arab Emirates
Judgment Date
05 June 2024
Procedural Posture
Small Claim / Set Aside Application Granted; Claim Reinstated
Outcome
set aside application granted; original order set aside; claim reinstated
Legal Topics
Set Aside Order, Consultation Attendance, Application Timing
Civil Procedure Set Aside Order Consultation Attendance Application Timing

Source-derived case record

Summary, issues, holding and outcome

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Parties

Norma

Claimant

Nunzio

Defendant

Procedural Posture

Small Claim / Set Aside Application Granted; Claim Reinstated

  1. 1 Whether the defendant's application to set aside the order was filed in time
  2. 2 Whether the defendant demonstrated a good reason for not attending the consultation or a real prospect of success

Ratio Decidendi

The defendant's application was filed within the required time and demonstrated a realistic prospect of success; therefore, the set aside application is granted and the original order is set aside.

Court Disposition

set aside application granted; original order set aside; claim reinstated

Orders

  • The set aside application is granted.
  • The original order is set aside.