SCA 34324644/2013

The original dispute involved a claim for damages by a customer who had rented chalets for ten years but had been asked to leave the properties and pay outstanding fees including maintenance and utility fees which it was claimed had been detailed in the lease contract. The court ruled that he does not have the right to request compensation and ordered him to pay the outstanding payment. The court of appeal upheld the ruling. Key points in this case were the rights the judge had to a presumption or more from the facts of the case and his ability also discuss [certain points] with case's parties and witnesses and use these presumptions and discussions as the base for the ruling or to complete incomplete evidence, which the judge deems significant to the case and the ruling.

Background