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The different approaches to revoke a garnishee order

The different approaches to revoke a garnishee order
Malcolm Mifsud
The party subject to a precautionary warrant, such as a garnishee order must choose carefully which procedure to use in order to ask the court to revoke it
An employer does not have the power to reject an employee’s resignation

An employer does not have the power to reject an employee’s resignation
In the case Clayton Zammit vs Erica Pantaleon, decided by the Industrial Tribunal on the 7 August 2024, the Tribunal decided that the case lodged by the plaintiff was presented...
Civil procedures cannot be used to block criminal proceedings

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

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

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

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

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

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

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

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

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

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

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...

Contractor has to make good for damage to State and private property

Contractor has to make good for damage to State and private property

Malcolm Mifsud

The Court observed that the tender included a number of conditions, obliging...

The Court observed that the tender included a number of...

Court corrects child’s surname

Court corrects child’s surname

Malcolm Mifsud

A number of witnesses confirmed that they heard the plaintiffs discuss the issue of the surname and had intended to register their child’s surname...

A number of witnesses confirmed that they heard the...

Tribunal asks developer to scale down development

Tribunal asks developer to scale down development

Robert Musumeci

Residences without a street frontage were permitted in the old policies

Residences without a street frontage were permitted in the...

Correct notification is essential for EU tax enforcement procedure

Correct notification is essential for EU tax enforcement procedure

Malcolm Mifsud

A Court revoked an enforcement decree since it was issued before the...

A Court revoked an enforcement decree since it was...

Eviction request: appeals should be filed within time prescribed by law

Eviction request: appeals should be filed within time prescribed by law

Malcolm Mifsud

The Constitutional Court turned down an appeal from a partial judgement since it was filed beyond the obligatory 20 days

The Constitutional Court turned down an appeal from a...

Administrators of a vacant inheritance have to follow appointment procedure

Administrators of a vacant inheritance have to follow appointment procedure

Malcolm Mifsud

In their application, the plaintiffs claimed that the defendants held on to a house in St Paul’s Bay against their will and they wanted them to be...

In their application, the plaintiffs claimed that the...

Court turns down plea that the applicant has other remedies

Court turns down plea that the applicant has other remedies

Malcolm Mifsud

The First Hall of the Civil Court in its Constitutional jurisdiction turned...

The First Hall of the Civil Court in its Constitutional...

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