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Claim No: SCT 059/2023

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 LEASING TRIBUNAL OF THE DIFC COURTS

BEFORE H.E. JUSTICE NASSIR AL NASSER

BETWEEN

MROT

Claimant

and

MOPRIT

Defendant

ORDER WITH REASONS OF H.E. JUSTICE NASSIR AL NASSER

UPON this Claim having been filed with the DIFC Courts’ Small Claims Leasing Tribunal on 3 February 2023 (the “Claim”)

AND UPON this Claim having been called for a Hearing before H.E. Justice Nassir Al Nasser on 30 May 2023 with the Claimant’s and the Defendant’s representatives in attendance

AND UPON reading the submissions filed and recorded on the Court file

AND UPON reviewing Rule 53.41 of the Rules of the DIFC Courts (the “RDC”)

IT IS HEREBY ORDERED THAT:

1. The Claim shall be transferred to the DIFC Court of First Instance in accordance with RDC 53.41.

2. The Parties shall file and serve an agreed case timetable by no later than 4pm on 12 June 2023.

3. A directions hearing shall be listed to be held on 14 June 2023.

4. There shall be no order as to costs.

Issued by:
Hayley Norton
Assistant Registrar
Date of issue: 1 June 2023
At: 4pm

SCHEDULE OF REASONS

1. On 3 February 2023, the Claimant filed its claim with the DIFC Courts Small Claims Leasing Tribunal (the “SCLT”) seeking a court order for the Defendant to pay the Claimant alleged unpaid rent, liquidated damages, a late payment administration penalty, and any interest that the Court deems necessary (the “Claim”).

2. On 20 February 2023, the Defendant filed an Acknowledgment of Service seeking to defend all of this Claim.

3. On 23 February 2023, a Consultation was held before SCT Judge Delvin Sumo at which the parties failed to reach an amicable solution.

4. Thereafter, the parties sought a number of extensions from the Court to update the Registry as to whether a settlement had been reached, however, a settlement was not achieved.

5. In line with the processes and procedures of the SCLT, this matter was referred to me for determination pursuant to a hearing held on 30 May 2023 (the “Hearing”). Having heard the parties’ oral submissions in regards to this Claim, I am of the view that from the time this Claim was filed with the SCLT until the date of the Hearing, a number of significant developments

6. have occurred in respect of this dispute, including the

7. advancement of an alleged claim for breach of fiduciary duties.These developments have led me to find that the nature of this Claim has become more complex in terms of facts, laws and evidence. In addition, the parties have suggested that there is a likely possiblity that live oral witness evidence will be required.

8. Therefore, in accordance with RDC 53.41(4) and (7) it is hereby ordered that this Claim shall be transferred to the DIFC Court of First Instance and proceed under the case reference number CFI-066-2022.

9. There shall be no order as to costs.