MaltaToday.com.mt - Comment / Law Report

Court cannot fill in with evidence a party failed to produce

Malcolm Mifsud

If a party fails to produce evidence on what it alleges, the court cannot uphold that request

When enforcing an EU member state judgment, the Maltese court should apply the law restrictively

Malcolm Mifsud

A judgment which was delivered in Cyprus is enforceable because the issue of public order must be interpreted restrictively

Malcolm Mifsud

The First Hall of the Civil Court on 15 September, 2014 appointed a liquidator to prepare and register the liquidation of MIMS Supplies Limited.

The First Hall of the Civil Court on 15 September, 2014...

The onus of proof in electricity theft is shifted on to the defendant

Malcolm Mifsud

The Magistrates’ Court ruled on 21 August that in electricity theft the...

The Magistrates’ Court ruled on 21 August that in...

Debtor will have to pay interest and judicial costs

Malcolm Mifsud

If a debtor does not show that there was a valid reason not to pay a debt, then...

If a debtor does not show that there was a valid reason not...

Court blocks private sale of arrested vessel

Malcolm Mifsud

The First Hall of the Civil Court did not allow a company to purchase a vessel...

The First Hall of the Civil Court did not allow a company...

Malcolm Mifsud

The Court of Appeal ruled on 11 August, 2014 that a tribunal may make use of an expert, so as long as it is in open court.

The Court of Appeal ruled on 11 August, 2014 that a...

Matrimonial home is no guarantee for garnishee order in separation proceedings

Malcolm Mifsud

The Family Court turned down a request to withdraw a garnishee order between spouses since the husband was giving the matrimonial home as a guarantee.

The Family Court turned down a request to withdraw a...

Malcolm Mifsud

A court sent a relapser to prison after he was accused of theft, to which he pleaded guilty.

A court sent a relapser to prison after he was accused...

Agency uses wrong procedure to collect a refund

Malcolm Mifsud

The First Hall of the Civil Court ruled that Article 466 of the Code of...

The First Hall of the Civil Court ruled that Article 466 of...

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...