DIFC 150/2016
Haya Spa LLC v Harper Real Estate/Hasan Real Estate
Type
Case
Court
Dubai International Financial Centre - JUDICIAL AUTHORITY OF THE DUBAI INTERNATIONAL FINANCE CENTRE, SMALL CLAIMS TRIBUNAL
Jurisdiction
Dubai International Financial Centre
Taxonomy
Jurisdiction & Choice of Law, Negligence, General Tort, General Landlord & Tenant, Regulatory Compliance, Leases & Tenancy Agreements, Remedies, General Civil Procedure & Administration of Justice
Copyright
LexisNexis
Decision date
15 Feb 2017
Hearing/Judgment date
15 February 2017
Panel
Judge Natasha Bakirci
Catchwords
Law of obligations – Negligence – Duty of care – Causation – Prospective landlord and tenant – Claimant seeking to lease unit from first defendant landlord – Second defendant agent providing floorplan – Agent incorrectly identifying unit being let on floor plan – Claimant alleging to have suffered loss as result – Whether defendants owing claimant duty of care prior to entry into lease – Whether defendants in breach of duty of care – Whether breach causing claimant loss – Article 10, 11, 17, 18, 21 of DIFC Law No 5/2005 – Practice and procedure – Small Claims Tribunal – Jurisdiction – Claims limit – Total remedies sought by claimant said to exceed limit of 500,000 AED – Claimant undertaking to cap its claim at 500,000 AED – Whether Small Claims Tribunal having jurisdiction – Whether proceedings to be transferred to Court of First Instance – Rules of the DIFC Courts, r 52.3 – Article 17, 18, 21 of DIFC Law No 5/2005 – Article 10 and 11 of DIFC Law No 5/2005 – DIFC Law No 7/2005