DIFC 007/2014 on 10/11/2015
Dattani and others v Damac Park Towers Company Ltd (formerly known as Damac Real Estate Asset Management Company Ltd)-on 10/11/2015
Type
Case
Court
Dubai International Financial Centre - JUDICIAL AUTHORITY OF THE DUBAI INTERNATIONAL FINANCE CENTRE, COURT OF APPEAL
Jurisdiction
Dubai International Financial Centre
Taxonomy
General Contract Law, General Real Property Law
Copyright
LexisNexis
Decision date
10 Nov 2015
Hearing/Judgment date
10 November 2015
Panel
Deputy Chief Justice Sir John Chadwick, Justice Roger Giles and H.E. Justice Ali Al Madhani
Catchwords
Contract – Breach of obligations – Termination of contract – Claimants entering into sale and purchase agreements with defendant for purchase of properties – Disputes arising regarding whether properties ready for handover – Claimants serving notices on defendant to remedy breaches – Defendant contending properties ready - Claimants purporting to terminate agreements – Claimants seeking declarations that agreements having been lawfully terminated – Claimants seeking repayment of sums paid or restitution – Judge finding claimants having lawfully terminated agreements – Whether judge erring in finding properties not having been ready for occupation – Whether judge acting in procedurally unfair manner