DIFC 141/2024, [2024] DIFC SCT 141
Norma v Nunzio
The court set aside its previous order against the defendant after finding the defendant's application was timely filed and demonstrated a realistic prospect of success on the merits of the claim.
Background
The Claimant was Norma was a company registered and located in Dubai, the UAE. The Defendant was Nunzio , a company also registered and located in Dubai, the UAE.
On 1 April 2024, the Claimant had filed a claim with the DIFC Courts' Small Claims Tribunal seeking compensation by the Defendant in the sum of AED 26,527.
On 15 April 2024, the Defendant had filed its Defence setting out its intention to defend all of the Claim.
Thereafter, a consultation was listed before the SCT Judge on 7 May 2024 and on 16 May 2024, and at the Consultations the Claimant's representative attended, and the Defendant failed to appear, although served notice of Claim.
"Pursuant to Rule 53.32 of the Rules of the DIFC Courts where a party fails to appear at a consultation, the SCT Judge may decide the small claim against that party or adjourn the consultation."