Iara & Company Limited v Iben Industries Fze [2018] DIFC SCT 120

June 13, 2018 SCT - Judgments and Orders

Claim No. SCT 120/2018

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

Court

In the name of His Highness Sheikh Mohammed Bin Rashid Al Maktoum,

Ruler

Ruler

of Dubai

IN THE SMALL CLAIMS TRIBUNAL

Tribunal

OF DIFC COURTS

DIFC Courts

BEFORE SCT JUDGE

Judge

MAHA AL MEHAIRI

BETWEEN

IARA & COMPANY LIMITED

Claimant

Claimant

and

IBEN INDUSTRIES FZE

Defendant

Defendant

Hearing: 4 June 2018

Judgment: 13 June 2018

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JUDGMENT OF SCT JUDGE MAHA AL MEHAIRI

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UPON the Claim Form being filed on 19 March 2018;

UPON this Claim having been called for a Consultation before SCT Judge

Judge

Ayesha Bin Kalban on 25 April 2018;

UPON the parties having not reached settlement at the Consultation;

UPON a Hearing having been held before SCT Judge Maha Al Mehairi on 4 June 2018, with the representatives of the Claimant and the Defendant in attendance;

AND UPON reviewing the documents and evidence submitted in the Court

Court

file;

IT IS HEREBY ORDERED THAT:

1.The Defendant shall pay the Claimant the amount of AED 116,272 for pending invoices.

2. The Defendant shall pay the Claimant the Court Filing

Filing

Fee in the amount of AED 5,813.62.

3. The Defendant shall pay the Claimant interest at the rate of 9% from the period of 13 June 2018.

Issued by:

Maha Al Mehairi

SCT Judge

Date of issue: 13 June 2018

At: 2pm

THE REASONS

The Parties

1.The Claimant is Iara & Company, a law firm registered in the DIFC

DIFC

located, DIFC, Dubai.

2. The Defendant is iben Industries FZE, a specialised engineering and steel fabrication services company catering to the needs of various industries located in Jebel Ali Free Zone, Dubai.

Background and the Preceding History

3. On 6 October 2016, the parties entered into an Engagement Agreement (the “Engagement Agreement”) for the provision of legal services by the Claimant to the Defendant. The Claimant provided legal services to the Defendant on a variety of issues.

4. Starting from January 2017, the Claimant provided various streams of legal advice to the Defendant, primarily relating to a legal due diligence exercise. In addition, at each stage of the work to be carried out the Claimant wrote to the Defendant to set out its estimated costs for carrying out the work, and the Defendant replied back with confirmation and approval of the invoice.

5. On 7 November 2016, the Claimant emailed the Defendant requesting approval on the due diligence investigation and report performed by the Claimant, to which the Defendant provided confirmation by email and approved the fee of AED 50,000.

6. On 23 November 2016, the Claimant also reviewed a share purchase agreement and performed a due diligence investigation of Singaporean documentation for the Defendant for the fee of AED 45,000.

7. Moreover, on 12 January 2017, the Claimant invoiced the Defendant the amount of AED 15,000 for the drafting of purchase price adjustment and completion accounts provisions for a share purchase agreement.

8. All these invoices were sent by email and approved by the Defendant via email each time. The Claimant claims that the Defendant has not objected to the fees charged or the work performed but instead requested for a period of time in wh