February 18, 2021 SCT - JUDGMENTS AND ORDERS
Claim No. SCT 315/2020
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE SMALL CLAIMS TRIBUNAL
BETWEEN
MADA LLC
Claimant/Respondent
and
MS. MACY
Defendant/Appellant
ORDER WITH REASONS OF SCT JUDGE MAHA AL MHEIRI
UPON reviewing the Defendant’s Appeal Notice dated 19 January 2021 seeking permission to appeal against the Judgment of SCT Judge Maha Al Mheiri dated 6 January 2021
AND UPON reviewing all relevant material in the case file
AND UPON reviewing Rule 44.19 of the Amended Appeal Rules in the Rules of the DIFC Courts (the “ARDC”)
IT IS HEREBY ORDERED THAT:
1. The Defendant is granted permission to appeal against the Judgment of SCT Judge Maha Al Mheiri dated 6 January 2021.
2. There shall be no order as to costs.
Issued by:
Ayesha Bin Kalban
SCT Judge and Deputy Registrar
Date of issue: 18 February 2021
Time: 12pm
SCHEDULE OF REASONS
1. This is an Appeal brought by the Defendant in this Claim, against my judgment issued on 6 January 2021 (the “Judgment”).
2. The background of this Claim is relevantly set out in the Judgment and need not be repeated in the course of this Order.
3. In accordance with ARDC 44.19, permission to appeal may be granted in limited situations, being when there is a real prospect that the appeal would succeed, or where there is another compelling reason why the appeal should be heard.
4. In review of the Appeal notice filed by the Defendant, I find that the Appeal does meet the requirements under ARDC 44.19. I briefly set out my reasons below.
5. The Appellant (the Defendant in the case) filed its appeal on the grounds that the SCT erred in reaching its decision.
6. In review of the Judgment and the documents recorded on the Court file, it appears that the Defendant may have a real prospect of success in an appeal against the Judgment.
7. I also do find there to be another compelling reason for the Appeal to be heard, and therefore the Appeal satisfies the requirements of ARDC 44.19 and must be granted henceforth.
8. Each party shall bear their own costs.
