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The Dubai International Financial Centre |
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You are here: BAILII >> Databases >> The Dubai International Financial Centre >> Noel v Nakia [2024] DIFC SCT 269 (13 May 2024) URL: http://www.bailii.org/ae/cases/DIFC/2024/DSCT_269.html Cite as: [2024] DIFC SCT 269 |
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Noel v Nakia [2023] DIFC SCT 269
May 13, 2024 SCT - JUDGMENTS AND ORDERS
Claim No. SCT 269/2023
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
In the name of His Highness Sheikh Mohammed Bin Rashid Al Maktoum, Ruler of Dubai
IN THE SMALL CLAIMS TRIBUNAL OF DIFC COURTS
BEFORE H.E. JUSTICE NASSIR AL NASSERBETWEEN
NOEL
Claimant
and
NAKIA
Defendant
Hearing : 9 May 2024 Judgment : 13 May 2024 JUDGMENT OF H.E JUSTICE NASSIR AL NASSER
UPON this Claim being filed on 20 July 2023
AND UPON a hearing having been held before H.E Justice Nassir Al Nassir on 9 May 2024, with the Claimant’s representative in attendance and the Defendant absent although served notice of the Claim
AND UPON reviewing the documents and evidence filed and recorded on the Court file
AND PURSUANT TORule 53.61 of the Rules of the DIFC Courts (“RDC”)
IT IS HEREBY ORDERED THAT:
1. The Defendant shall pay the Claimant the total sum of AED 11,568.38.
2. The Defendant shall pay the Claimant the Court fees in the sum of AED 578.41.
Issued by:
Hayley Norton
SCT Judge and Assistant Registrar
Date of issue: 13 May 2024
At: 3pmTHE REASONS
The Parties
1. The Claimant is Noel (the “Claimant”), a company registered and located in Dubai, UAE.
2. The Defendant is Nakia (the “Defendant”), a company registered and located in Dubai, UAE.
Background and the Preceding History
3. The underlying dispute arises over an unpaid invoice for services rendered by the Claimant to the Defendant in 2022 in the sum of AED 11,568.38.
4. On 20 July 2023, the Claimant filed a claim with the DIFC Courts’ Small Claims Tribunal (the “SCT”) seeking the payment of the invoice in the sum of AED 11,568.38.
5. The Defendant failed to filed an acknowledgement of service or defence to the claim.
6. On 8 December 2023, a Consultation was held before SCT Judge Delvin Sumo, at which both parties attended but they were unable to reach a settlement.
7. In line with the rules and procedures of the SCT, this matter was referred to me for determination, pursuant to a hearing held on 9 May 2024, at which the Claimant’s representative attended and the Defendant was absent (the “Hearing”).
8. Pursuant to Rule 53.61 of the Rules of the DIFC Courts (“RDC”),“if a defendant does not attend the hearing and the claimant does attend the hearing, the SCT may decide the claim on the basis of the evidence of the claimant alone”.
The Claim
9. The Claimant submits that it provided services for the Defendant which amounted to the sum of AED 11,568.38.
10. The Claimant submits that the invoice was sent to the Defendant on 14 November 2022, and acknowledged on 22 December 2022, however, despite numerous reminders, the Defendant has failed to settle payment of the invoice.
Defence
11. The Defendant failed to attend the Hearing, nor did the Defendant submit an acknowledgment of service or defence to the claim.
Finding
12. This claim falls under the jurisdiction of the DIFC Courts in accordance with the quotation dated 12 September 2022 which provides at clause 5.3 the following: “this engagement is governed by the laws of the Dubai International Financial Centre-DIFC. Any dispute, difference, controversy or claim arising out of or in connection with this contract, including but not limited to any question regarding it existence, validity, payment, interpretation, performance, discharge and applicable remedies, shall be subject to the exclusive jurisdiction of the courts of the Dubai International Financial Centre (the “DIFC Courts”).”
13. In the absence of any defence and the Defendant’s failure to attend the hearing, in accordance with RDC 53.61, I shall award the Claimant the sum of AED 11,568.38, plus court fees in the sum of AED 578.41 on the basis that the Claimant has provided sufficient evidence to substantiate its claim.
