MaltaToday.com.mt - Comment / Law Report

Interest on deposit starts when promise of sale falls through

Malcolm Mifsud

The interest on the refund of a deposit paid on a promise of sale (POS) agreement for a property may commence only when the POS falls through

A court cannot stop an action which has already taken place

Malcolm Mifsud

A warrant of prohibitory injunction cannot be issued if the action it is being asked to stop has already taken place

Court orders defendants to follow up judicial letters by instituting lawsuit against plaintiff

Malcolm Mifsud

The plaintiffs asked the court to order the defendants to follow up the case by taking legal action to establish their rights, or, alternatively to stop making...

The plaintiffs asked the court to order the defendants to...

No spoliation if defendant had purchased the property, with plans showing windows

Malcolm Mifsud

Before the application was lodged the defendants constructed a new window overlooking the drive-in and this, according to the plaintiffs, was done against the...

Before the application was lodged the defendants...

Wife responsible for breakup of marriage following a one-way trip

Malcolm Mifsud

A wife's 'holiday' turned into a permanent relocation to Ethiopia...

A wife's 'holiday' turned into a permanent...

Taxpayer may prove prima facie that Tax Department assessment is excessive

Malcolm Mifsud

The taxpayer contested tax assessments issued by the Commissioner for the years between 2000 and 2004 and asked the Tribunal to cancel them.

The taxpayer contested tax assessments issued by the...

Buyer will have to sign purchase contract even if he withdraws an application for a bank loan

Malcolm Mifsud

The facts show that the promise of sale was to expire on 7 May, 2012 and that the bank loan had to be approved by 15 December, 2011, on the promise of sale a...

The facts show that the promise of sale was to expire on 7...

Child may sue for damages for murder of father, even if child was unborn when murder took place

Malcolm Mifsud

According to the plaintiff the defendant was responsible for the father's death and as a result both mother and son suffered damages.

According to the plaintiff the defendant was responsible...

Witness’s change of version of events may undermine prosecution’s case

Malcolm Mifsud

The Magistrate explained that the prosecution is bound to convince the court that the charges issued against the accused have been proved beyond...

The Magistrate explained that the prosecution is bound...

Separation and divorce authorised simultaneously

Malcolm Mifsud

Either of the spouses may demand separation if, for two years or more, he or...

Either of the spouses may demand separation if, for two...

Tenant must prove all requisites of Civil Code to prove a valid title

Malcolm Mifsud

The contracts presented left no doubt that the plaintiffs are the owners of the...

The contracts presented left no doubt that the plaintiffs...

Lack of health and safety measures leads to compensation following death

Malcolm Mifsud

In their application the heirs of Joseph Barbara held that the defendant company was the deceased’s employer, who failed to ensure that all safety...

In their application the heirs of Joseph Barbara held that...

Agreement to not have children before marriage does not render a civil marriage null

By Joseph Mizzi, Partner at Mifsud & Mifsud Advocates

By Joseph Mizzi, Partner at Mifsud & Mifsud...

Court allows corrections of taxed bill although it had been paid

Malcolm Mifsud

The difference in the taxed bill was substantial and it would not have been...

The difference in the taxed bill was substantial and it...

When a latent defect claim is time-barred

Malcolm Mifsud

In his application Vella Laurenti had purchased a property in Xaghra, Gozo on...

In his application Vella Laurenti had purchased a property...

Court agrees with husband’s eviction after separation

Malcolm Mifsud

The First Hall of the Civil Court agreed that the Family Court had to order a...

The First Hall of the Civil Court agreed that the Family...

Court allows stay of proceedings in EU trademark case

Malcolm Mifsud

The plaintiff company held that it developed and markets the famous game Candy...

The plaintiff company held that it developed and markets...

Appeals from Arbitrations should be limited to point of law

Malcolm Mifsud

The Court of Appeal held that the grounds of appeal following an...

The Court of Appeal held that the grounds of appeal...

Malcolm Mifsud

The First Hall of the Civil Court refused an application for the revocation of a garnishee order by means of a counter warrant, holding that the order was...

The First Hall of the Civil Court refused an application...

Court upholds garnishee, but reduces amount

Malcolm Mifsud

The First Hall of the Civil Court, presided by Ms Justice Lorraine Schembri...

The First Hall of the Civil Court, presided by Ms Justice...