MaltaToday.com.mt - Comment / Law Report

Court may turn down claims, even if Defendant did not file statement of defence

Malcolm Mifsud

The lack of a statement of defence does not mean that the Defendant is admitting to the claims filed by the Plaintiff

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

Defendant had no legal title to use the property

On 18 July, 2014, the Court of Appeal in its Superior Jurisdiction confirmed a...

On 18 July, 2014, the Court of Appeal in its Superior...

Court rejects claim that violence led to donation contract

Malcolm Mifsud

The Magistrates’ Court in Gozo held that for a contract to be annulled...

The Magistrates’ Court in Gozo held that for a...

Court rules that flat owner had no right to place water tank on roof

Malcolm Mifsud

Mr Justice Anthony Ellul on 4 July, 2014 in Christopher and Marisa Galea v...

Mr Justice Anthony Ellul on 4 July, 2014 in Christopher and...

Court blocks disciplinary procedure upon breach of human rights claims

Malcolm Mifsud

The First Hall of the Civil Court ruled that it is competent to issue a warrant of prohibitory injunction against the Public Service Commission once the...

The First Hall of the Civil Court ruled that it is...

Requisitioned property not given to owners in the public interest

Malcolm Mifsud

In a judgement delivered on Monday, 23 June, 2014 the court held that the fact...

In a judgement delivered on Monday, 23 June, 2014 the court...

The law precludes reactivation of a registered partnership

Malcolm Mifsud

On June 17, 2014 the First Hall of the Civil Court held that the court is...

On June 17, 2014 the First Hall of the Civil Court held...

Misleading government forms allow applicant an exemption on registration tax

Malcolm Mifsud

The applicant asked the Tribunal to overturn the Chairman’s decision and allow an exemption from payment of tax

The applicant asked the Tribunal to overturn the...

Non-payment of VAT to department is not misappropriation

Malcolm Mifsud

The Magistrates Court on 8 May 2014 in the name of Il-Pulizija –v-...

The Magistrates Court on 8 May 2014 in the name of...

Decision to request additional tax is turned down

Malcolm Mifsud

The Administrative Review Tribunal decided on 22 May 2014 that the Income Tax...

The Administrative Review Tribunal decided on 22 May 2014...

Company director personally responsible for giving wrongful instructions

Malcolm Mifsud

The First Hall of the Civil Courts on 16 May 2014 held that a company director was still personally responsible for damages after it was found that he had...

The First Hall of the Civil Courts on 16 May 2014 held that...

Right of Preference does not exonerate sellers from their guarantee of peaceful possession

Malcolm Mifsud

The First Hall of the Civil Court of 12 May 2014 in the lawsuit ‘Camland Limited –v- Saviour Borg, Joseph Borg, Carmelo Borg, George Borg, Alfred...

The First Hall of the Civil Court of 12 May 2014 in the...

Court allows correction of surname due to its complexity

Malcolm Mifsud

The First Hall of the Civil Court, on 30 April 2014, allowed a father to have...

The First Hall of the Civil Court, on 30 April 2014,...

Courts do not need to quote every document in its judgements

Malcolm Mifsud

The Constitutional Court turned down a request for retrial since it was alleged...

The Constitutional Court turned down a request for retrial...

Tenant ordered to vacate field due to lack of maintenance

Malcolm Mifsud

The Land Regulation Board, presided over by Dr Francesco Depasquale, ordered on...

The Land Regulation Board, presided over by Dr Francesco...

Extension to a promise of sale agreement must be registered with Inland Revenue

Article provided by Joseph Mizzi

Malcolm Mifsud

The Court of Appeal changed the compensation for a faulty water heater in order to satisfy the concept of equity that was applied in the Consumer Tribunal.

The Court of Appeal changed the compensation for a faulty...

Husband ordered to pay damages for mismanagement of family’s business

Malcolm Mifsud

There was no reason for Reno Grech to transfer the matrimonial home to Merger Enterprises Limited - he did not act in the family’s best interest

There was no reason for Reno Grech to transfer the...

Court upholds objection to company’s request for a provisional administrator

Malcolm Mifsud

Wallace Falzon is the only participant in the company and is the shareholder and director. If everything is above board then there is no need to appoint a...

Wallace Falzon is the only participant in the company and...