An investor must bear all the risks of an investment
Malcolm Mifsud
An EU official took all the risk when she invested her severance package, with the result that the value decreased
A judicial review may be done only against the public administration
Malcolm Mifsud
A call to include persons with interest in the action was turned down because the action was a judicial review
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...

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
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
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
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
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
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
Malcolm Mifsud

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

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

Harassment is harassment if there is more than one incident
Malcolm Mifsud

Harassment can take the form of words or actions. The prosecution must prove a...

Harassment can take the form of words or actions. The...

Cash payments still have to be proved
Malcolm Mifsud

The plaintiff had originally claimed before the Magistrates Court that Galea owed him €5,140 for merchandise that he had sold him

The plaintiff had originally claimed before the Magistrates...

A co-owner has to pay his share for urgent works
Malcolm Mifsud

The shares of the co-owners shall, unless the contrary is proved, be presumed...

The shares of the co-owners shall, unless the contrary is...