DIFC 120/2021
Libby v Leon
The initial dispute involved two companies and a failure to pay as agreed for equipment. The Defendant had failed to attend the consultation meeting and a default order was made. A key issue was whether there were grounds for the order to be set aside.
Background
The Claimant was Libby, a company registered in Abu Dhabi, UAE.
The Defendant was Leon, a company registered in Abu Dhabi, UAE.
On 19 April 2021, the Claimant filed a Claim with the DIFC Courts' Small Claims Tribunal seeking recovery of sums allegedly owed to the Claimant by the Defendant in relation to the supply of a boom lift to the Defendant for 12,915 AED.
On 6 May 2021, at a consultation with the SCT Judge the Defendant failed to appear, although served notice of the Claim.
On 9 May 2021, a Default Order was issued pursuant to FRDC 53.28, following which the Defendant filed an Application on 18 May 2021 seeking to set aside the Order.
In its submissions dated 18 May 2021, the Defendant requested for the Application to be decided without a hearing.