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
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
Legal Issues
- 1 Whether the defendant's application to set aside the order was filed in time
- 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.
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