Claim No: SCT 158/2022
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE SMALL CLAIMS TRIBUNAL
BETWEEN
LATUF
Claimant
and
LUFITI
Defendant
ORDER WITH REASONS OF H.E JUSTICE NASSIR AL NASSER
UPON this Claim having been filed on 18 May 2022 (the “Claim”)
AND UPON this Claim having been called for a Hearing before H.E. Justice Nassir Al Nasser on 24 June 2022 with the Claimant and the Defendant’s representative in attendance
AND UPON reading the submissions filed and recorded on the Court file
AND UPON reviewing Rule 53.41 of the Rules of the DIFC Courts (the “RDC”)
IT IS HEREBY ORDERED THATthe Claim shall be transferred to the DIFC Court of First Instance in accordance with RDC 53.41.
Issued by:
Ayesha Bin Kalban
SCT Judge and Registrar
Date of Issue: 28 June 2022
At: 9am
SCHEDULE OF REASONS
1. The underlying dispute arises over the Separation and Release Agreement dated 13 November 2018 signed by the Claimant and the Defendant (the “Agreement”).
2. The Claimant, in his Particulars of Claim, submits that the value of his claims against the Defendant are as follows:
(a) Undelivered Restricted Shares (USD 612,000)
(b) Economic Interest in Unit 001 and 002 of Tower (AED 856,345.72)
(c) Material and Direct misrepresentation by the Defendant of the value of fixture and fittings (USD 340,656).
3. However, the Claimant filed a claim in the Small Claims Tribunal relying on the net realisable statement value provided by the appointed liquidator. Furthermore, the Claimant’s sought from the courts the following:
(a) An order for immediate release of the USD 155,590 confirmed by the liquidator as available for distribution.
(b) An order for the Defendant to post security for costs and claim amount in order he may consider initiating proceedings in the DIFC Courts First of Instance for the balance value of his claim.
(c) If the above is not possible and the Defendant is unable to put up security, then an order for it to make available the audited financial statements of the Defendant for at least the last five years to allow him to seek independent confirmation of its financial status.
(d) An order that pending clarification and analysis of the Defendant’s Financial affairs that the current liquidation process and procedures be put on hold.
4. I find that the Claimant’s claim is above the threshold of the Small Claims Tribunal due to the fact that the amount claimed is part of the above-mentioned claims in paragraph 2.
5. Therefore, in light of of the financial value of the claim or of the subject matter of the claim, this case must be transferred to the Court of First Instance for determination.