Malcolm
Mifsud

Malcolm Mifsud is a partner at Mifsud & Associates.

Departmental decision is required for judicial review
Law Report
A court may delve into a government department’s decision and not into...
Interpretation of a contract is taken from the wording of the contract
Law Report
The interpretation of a contract is done in accordance with Article 1002 of the...
Court must limit itself to the ground for liquidation proposed by the plaintiff
Law Report
The court held that if the applicant company did not manage to satisfy the...
Court disagrees with easement claim
Law Report
The plaintiff claimed the defendants make use of a cesspit which is...
Court orders defendants to follow up judicial letters by instituting lawsuit against plaintiff
Law Report
The plaintiffs asked the court to order the defendants to follow up the case by...
No spoliation if defendant had purchased the property, with plans showing windows
Law Report
Before the application was lodged the defendants constructed a new window...
Wife responsible for breakup of marriage following a one-way trip
Law Report
A wife's 'holiday' turned into a permanent relocation to Ethiopia...
Taxpayer may prove prima facie that Tax Department assessment is excessive
Law Report
The taxpayer contested tax assessments issued by the Commissioner for the years...
Buyer will have to sign purchase contract even if he withdraws an application for a bank loan
Law Report
The facts show that the promise of sale was to expire on 7 May, 2012 and that...
Child may sue for damages for murder of father, even if child was unborn when murder took place
Law Report
According to the plaintiff the defendant was responsible for the...
Witness’s change of version of events may undermine prosecution’s case
Law Report
The Magistrate explained that the prosecution is bound to convince the...
Separation and divorce authorised simultaneously
Law Report
Either of the spouses may demand separation if, for two years or more, he or...
Tenant must prove all requisites of Civil Code to prove a valid title
Law Report
The contracts presented left no doubt that the plaintiffs are the owners of the...
Lack of health and safety measures leads to compensation following death
Law Report
In their application the heirs of Joseph Barbara held that the defendant...
Court allows corrections of taxed bill although it had been paid
Law Report
The difference in the taxed bill was substantial and it would not have been...
When a latent defect claim is time-barred
Law Report
In his application Vella Laurenti had purchased a property in Xaghra, Gozo on...
Court agrees with husband’s eviction after separation
Law Report
The First Hall of the Civil Court agreed that the Family Court had to order a...
Court allows stay of proceedings in EU trademark case
Law Report
The plaintiff company held that it developed and markets the famous game Candy...
Appeals from Arbitrations should be limited to point of law
Law Report
The Court of Appeal held that the grounds of appeal following an...
Court keeps garnishee order intact
Law Report
The First Hall of the Civil Court refused an application for the revocation of...