Scam victims are bound to be diligent
Malcolm Mifsud
A victim of a scam cannot use the scam as a defence against a claim to pay debts
Plea of res judicata declined as merits not discussed in initial case
A plea of res judicata was rejected because the merits of the case were not examined in the first instance
Extra works must be paid for
Malcolm Mifsud

The Court of Appeal ruled that a contractor must be paid for extra works carried out

The Court of Appeal ruled that a contractor must be paid...

Steel Projects Limited vs Avantgarde Projects Limited
Malcolm Mifsud

Steel Projects Limited brought proceedings in that the defendant was to pay the...

Steel Projects Limited brought proceedings in that the...

Stay of proceedings is an extraordinary measure
Malcolm Mifsud

A stay of proceedings may be allowed, however, the principle should be that a...

A stay of proceedings may be allowed, however, the...

Anyone who may have an interest may be called into suit
Malcolm Mifsud

The First Hall of the Civil Court accepted a plea by a defendant company to...

The First Hall of the Civil Court accepted a plea by a...

When a settlement is not full and final
Malcolm Mifsud

A full and final settlement declaration does not mean that one cannot claim the balance of a claim due

A full and final settlement declaration does not mean that...

What is clear does not need any interpretation
Malcolm Mifsud

The change of President takes place every five years and ‘an exceptional...

The change of President takes place every five years and...

Company blocks transfer of licence to competitor
Malcolm Mifsud

The applicant must prove prima facie that it has a right to protect and that if...

The applicant must prove prima facie that it has a right to...

Civil procedures cannot be used to block criminal proceedings
Malcolm Mifsud

This order was made to protect the interests of the applicant company, since it...

This order was made to protect the interests of the...

Court protects shareholder by appointing a director on company board
Malcolm Mifsud

The mere fact that a shareholder is not represented on the board of directors...

The mere fact that a shareholder is not represented on the...

Small Claims Tribunal decision overturned
Malcolm Mifsud

The court concluded that Baldacchino was to be paid the amount of money due to...

The court concluded that Baldacchino was to be paid the...

Seller has to pay for latent defects
Malcolm Mifsud

The defendant was found responsible for paying damages together with the difference in price for an apartment because it suffered from latent defects at...

The defendant was found responsible for paying damages...

Authority ordered to issue Senglea extension
Robert Musumeci

An application for structural alterations together with a roof extension on a...

An application for structural alterations together with a...

False criminal report and calumnious accusations are separate offences
Malcolm Mifsud

A court presided by Magistrate Joseph Mifsud explained that the charges of a false criminal report and calumnious accusations may be factually similar,...

A court presided by Magistrate Joseph Mifsud explained...

Judgements should be a final decision
Malcolm Mifsud

Mary Gauci failed in her obligation to prove that Media Today had been notified that the business was being carried out by a commercial company and not in...

Mary Gauci failed in her obligation to prove that...

Court lists elements to find accused guilty of fraud
Malcolm Mifsud

The Magistrates Court in Gozo found Victor Camilleri guilty of fraud,...

The Magistrates Court in Gozo found Victor Camilleri guilty...

Evidence cannot be produced in submissions
Malcolm Mifsud

From the evidence the court concluded that the bones of contention were that...

From the evidence the court concluded that the bones of...

An action of spoliation is one of public order
Malcolm Mifsud

The Court held that the plaintiff did not have a right to an action of...

The Court held that the plaintiff did not have a right to...

Property is deemed to be commercial if complementary to the principal business
Malcolm Mifsud

The board commented that in this case the discontinued conversion took place 12 years before the applicants filed their action in court

The board commented that in this case the discontinued...