DIFC Court of Appeal Success: Dattani v Damac Park Towers Co Ltd
The DIFC Court of Appeal dismissed the appeal of Damac Park Towers Co Ltd against the judgment in Mr Dattani’s favour at trial. Mr Dattani had bought a residential apartment “off-plan” but had terminated the contract on the basis that after lengthy delays it was not ready for “possession and occupation” under the terms of the contract. Although the apartment itself was fit for habitation, the trial judge (Hwang CJ) found that the common parts via which the residents would gain access to and from the apartment, were unsafe and that this meant that “possession and occupation” could not be given. Damac appealed this decision and argued that even where the proposed residents could not safely enter and leave the apartment it was still ready for “possession and occupation” under its standard terms. The Court of Appeal dismissed the appeal.
A linked appeal in relation to a retail unit, which raised similar issues was heard at the same time. Judgment on that appeal has been reserved.