Issue link: https://maltatoday.uberflip.com/i/1248303
15 maltatoday | SUNDAY • 17 MAY 2020 LAW CLASSIFIEDS HOLIDAY ACCOMMODATION MARSALFORN, Gozo - holiday apart- ments for short or long lets with mag- nificent sea-views. Call 21556021, 27556021, 79426883 OTHER EUROCEM - Reference is made to our Request for Quotation that was pub- lished on 5th February 2020. Kindly note that the deadline to receive any offers for such requests for quotations for 1 in no. store vertical storage termi- nal for dry powders is being extended to the 30th September 2020. Further details including the technical specifi- cations may be requested via email on info@eurocemalta.eu. Interested par- ties may also call on +356 27203061. Quotation is to be provided in Eur (€). Any quotations received after deadline will not be considered. EUROCEM - Reference is made to our Request for Quotation that was pub- lished on 5th February 2020. Kindly note that the deadline to receive any offers for such requests for quotations for a number of tipper semi-trailers with a total permissible weight of a minimum of 39 tons of gravel is being extended to the 30th September 2020. Further details including the tech- nical specifications may be request- ed via email on info@eurocemalta.eu. Interested parties may also call on +356 27203061. Quotation is to be provid- ed in Eur (€). Any quotations received after deadline will not be considered. PROPERTY TO LET XLENDI - catering premises in prime site to let. Can be used for other com- mercial purposes. Phone 79493021, 79426883, 77481592 or 77484029 PROPERTY FOR SALE SAN GWANN- Open plan 190sqm, ready to move into designer finished second floor apartment in a central quiet street forming part of a block of 5 apartments. Two double A/C bed- rooms and 1 single A/C bedroom, two bathrooms, lift, double glazing doors and windows. Direct from owner €350k inquire on 79402244. TAR XIEN - Larger than usual first floor duplex maisonette. Three bed- rooms; double glazed windows; invert- er air conditioners including solar water heater. Being sold furnished. Own airspace with possibility of fur- ther development. Contact owner on 99912005/99450639 SERVICES TEACHING - English language one- to-one. Higher levels and examination preparation. Tel: 99336088 NEWSPAPER adverts - Book & pay on-line on www.perfecta.com.mt - no extra charges. Call on 21322452 SITUATIONS VACANT CONCRETE SHUTTER - Danzah lim- ited is looking to employ individuals, as Concrete Shutter. the Ideal Candidate should be in possession of the appropri- ate qualifications or equivalent, in lieu of a minimum of 3 years experience as a Concrete Shutter and steel fixer are a must. The Concrete Shutter may also have to make necessary purchase orders, assist the foreman and team members and to ensure that he or she maintains con- stant quality standards. Remuneration package starts at €1000 gross monthly. Email a CV to infodanzah@gmail.com O Z OPROPE RT Y is seeking to recruit individuals to work as an Administration Clerk. To apply send a detailed cv to careers@ozogroup.com SIGNAL 8 - Signal 8 Security Malta Ltd. requires filling positions as Payroll Clerks, Security Guards, security for places of entertainment and cleaners. Applicants should be customer care orientated, smart and flexible for shift work. Email your CV to hr@signal8se- curitymalta.com.mt SPA THERAPIST Required for a bou- tique hotel. Full time hours including weekends and public holidays. Must be flexible with hours. At least 5 years expe- rience in a similar post. Must be special- ised in colonic irrigation. For more info please call Village Concept on 99885352. WANTED COLLECTIBLE items such panini albums and loose stickers, old postcards and posted envelopes, medals, militar- ia, coins and paper money, books, toys, stamps, badges, paintings, gold & silver items etc. Call on 21310238, 99246632 Dr Malcolm Mifsud is a partner at Mifsud & Mifsud Advocates THE Companies Act allows the Court to have a wide discretion to appoint administers of companies in liquidation. This was held in a judge- ment delivered by the First Hall of the Civil Courts, presided by Mr Justice Joseph Zammit McKeon on 6 May 20202 in a case, HSBC Bank Malta plc -v- The Golden Shepherd Group Limited. HSBC filed an application to the court asking the court to appoint an administer in terms of Article 228 of the Companies Act in the stead of the current director Dr Frank Portel- li. The bank explained that it was fil- ing the application because the de- fendant company was the owner of St Philips Hospital, which was sub- ject to a ground rent. This ground rent was not paid and therefore, in order for the company not to lose the property, the bank paid it. Dr Portel- li, as a shareholder and the sole di- rector of the company had publicly declared that it offered the hospital to the government so that it may be used to alleviate some of the impacts of the COVID-19 crisis. The bank held that it was not ob- jecting to this move, but was con- cerned that it was implemented during a time of great financial dif- ficulty. This action concerns a claim for the liquidation to cease and therefore, the bank is of the opinion that these decisions should not have been taken, and criticised Dr Portelli for taking them. The Company replied that in this particular action it has not present- ed its evidence and that the offer was made in the light that if the hospi- tal was to be used the government would have paid for this service and the offer was made as long as it and the government came to a fair agree- ment. The company held that the bank was well covered with a num- ber of guarantees. Mr Justice Zammit Mc Keon point- ed out that it would not enter in- to the merits of the case but limit himself to deciding on whether an administrator should be appointed. Article 228 of the Companies Act reads: • "228. (1) The court may by or- der appoint a provisional ad- ministrator at any time after the presentation of a winding up application and before the making of a winding up order, and either the official receiver or any other competent person may be so appointed. • (2) The provisional administra- tor shall carry out such func- tions and powers in relation to the administration of the estate or business of the company as the court may specify in the or- der appointing him. • (3) The provisional adminis- trator holds office until such time as the winding up order is made or the winding up appli- cation is dismissed unless be- fore such time he resigns or he is removed by the court upon good cause being shown." This article gives the Court a wide discretion to decide on whether or not to appoint an administrator. There is no need for the Court to take into consideration the merits of the case, but the decision has to be dictated by the facts and the cir- cumstances in which the request is made. It can be made between when the request for liquidation and the decision for liquidation is made and it has no bearing on the outcome of the case. The scope of the appointment of the administration is done for the parties to have peace of mind that the company is administered in a good manner and transparently and also to preserve the assets of the company. This is done because if the Court orders the liquidation of the company, then the creditors of the company will be able to extract their rights from the company. The administrator's responsibilities, at this stage, are not the same as that of the liquidator. The Court comment- ed that good governance is essential when a company has one single asset, which also has to satisfy claims from creditors. In liquidation proceedings the director of the company must defend the interest of the company and must not prejudice the value of this assets. In this particular case, the discus- sions with the government by the sole director of the company is not contested, however, the court was not informed on the details of the parameters of the discussions, how- ever, the Court doubted whether if the government took over St Philips Hospital for COVID-19, this would have been free of charge. However, since these discussions are not con- cluded, the Court held that it agreed that there be some control over the Director's actions at such a delicate time. The Court then moved to appoint Dr John L Gauci and Noel Mizzi as provisional administrators of the company, but Dr Portelli was to re- main as the director and to keep all his powers and any agreement with the government should be agreed by all three. Court has wide powers to appoint company administrator LAW