DCC 261/96
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai, United Arab Emirates
Taxonomy
Payment & Payment Systems, Sale of Goods
Copyright
LexisNexis
Decision date
22 Feb 1997
Catchwords
Late payment – Sale of Goods – Interest – Invoice
This case involved goods which had been supplied and it was stated on the invoice interest for late payment could be payable if payment was not made within 30 days. The court had no power to interfere with this unless the transaction contravened UAE public policy.
Background
A claimant brought a claim against two defendants ordering them to pay 35,071 AED plus legal costs and interest at 15%. The court of first instance ordered the defendants to pay the amount claimed plus interest at 9%. Both parties appealed and the appeal court dismissed the defendants' appeal and awarded the claimant an additional 1,000 AED in advocacy fees. The claimant appealed by cassation arguing it should have been awarded 15% in interest, plus costs and expenses, as the invoice that was signed by the defendants stated interest would be 15% if payment was not received within 30 days.
Decision