DIFC 001/2014 on 10/05/2015
Ward v Damac Park Towers Company Ltd-on 10/05/2015
Type
Case
Court
Dubai International Financial Centre - JUDICIAL AUTHORITY OF THE DUBAI INTERNATIONAL FINANCE CENTRE, COURT OF FIRST INSTANCE
Jurisdiction
Dubai International Financial Centre
Taxonomy
General Contract Law, General Real Property Law
Copyright
LexisNexis
Decision date
10 May 2015
Hearing/Judgment date
10 May 2015
Panel
HE Justice Al Muhairi
Catchwords
Contract – Breach of obligations – Termination of contract – Claimant entering into reservation agreement with defendant to purchase off-plan commercial unit in development – Reservation agreement providing for payment by way of instalments – Claimant transferring to defendant sum from previous cancelled investment with defendant’s affiliate – Defendant issuing termination notice for breach of payment obligations – Defendant retaining sums paid by claimant – Claimant issuing proceedings alleging breach of reservation agreement by defendant – Claimant seeking restitutionary damages for breach – Whether reservation agreement being binding agreement – Whether claimant having been in breach of contract for non-payment – Whether defendant being in breach of contract by having served termination notice – Whether claimant being entitled to damages