DIFC [2022] DIFC 471
Maket v Mepis
The Claim was over permission to appeal a judgement of the SCT based on an objection to the expert report ordered by the Court and on which it relied in making its findings, and evidence of payments made. The issue for this Court was whether special circumstances were present to warrant permission to appeal.
Background
Upon reviewing the Defendant’s Appeal Notice dated 25 May 2023 seeking permission to appeal (the “Permission Application”) against the Judgment of H.E. Justice Maha Al Mheiri dated 19 May 2023 (the “Judgment”)
And upon reviewing Rules 53.87, 53.91 and 53.94 of the Rules of the DIFC Courts (the “RDC”)
It was hereby ordered that:
1. Permission to appeal was granted on one ground alone, namely what sums were paid by the Claimant to the Defendant and what sum was therefore properly due by way of refund against the value of the work done by the Defendant.
2. The parties were given leave to adduce evidence on that ground alone to show what payments were made by the Claimant and received by the Defendant.
3. The Costs were to be reserved.