Issue link: https://maltatoday.uberflip.com/i/1262267
15 maltatoday | SUNDAY • 21 JUNE 2020 HOLIDAY ACCOMMODATION MARSALFORN, Gozo - holiday apart- ments for short or long lets with mag- nificent sea-views. Call 21556021, 27556021, 79426883 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. TARXIEN - Larger than usual first floor duplex maisonette. Three bedrooms; double glazed windows; inverter air con- ditioners including solar water heat- er. Being sold furnished. Own airspace with possibility of further 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 AURELIANO GROUP LTD - a mul- ti-service company has the following vacancies: Office Assistant, Cleaner, Housekeeper, Security Guard. The jobs are on full time basis. English and / or Maltese speaking. Monthly salary pack- ages starting from 800 euro per month. For more information contact by phone 00356-79288417 apply via email: info@ aurelianogroup.com OZOMALTA IS SEEKING TO RECRUIT INDIVIDUALS TO WORK AS DRIVERS. THE CHOSEN CAN- DIDATE SHOULD SPEAK AND WRITE FLUENT IN ENGLISH. 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 AUTHORITIES are bound at law to give all vital information to the pub- lic in order for the public to conform with regulations. This was held in a judgement delivered by the Court of Appeal, decided on 12 June 2020, presided by Mr Justice Lawrence Mintoff in Urs Schwinger -v- Trans- port Malta and Ministeru ghall-Fi- nanzi. The Ministry of Finance had ap- pealed from a judgement of the Ad- ministrative Review Tribunal, where the Tribunal had upheld a claim of Mr Schwinger. Schwinger had told the Tribunal that he had imported a car from Ukraine when he moved to Malta from Ukraine. He filled in the nec- essary VEH07 exemption from reg- istration tax form after downloading the form off the internet. The form stated that it had to be presented no later than 12 months from the day he settled in Malta. He presented the form 37 days after re- siding in Malta. He then received a letter from the Ministry of Finance that the application was rejected because Schwinger used the wrong form and the new form gave a 30- day time-limit and not 12 months. Schwinger challenged this decision before the Administrative Review Tribunal. The Tribunal held that according to Schwinger, he had received ad- vice from persons working at the venue at which he performed his VRT test, to fill in a form, and they subsequently downloaded a form for him. Schwinger read the form and saw that he could apply with- in a year. Since he did not want to give a handwritten form, he googled the form and filled electronically the VEH07 form. When he took the form to the Ministry, he was im- mediately informed that it was the wrong form and was asked to fill in the correct form and submit both. He told the tribunal that before sub- mitting he had contacted Transport Malta, who told him that it was easi- ly accessible on the internet. The Tribunal had entered into the issue whether Transport Malta had a legal standing in this action and had decided that it did not. As to the merits of the case, the Tribunal had pointed out that Article 19(3) (f) Motor Vehicles Registration and Licensing Act states that there is an exemption on registration tax when: "Any M1 motor vehicle or a cy- cle which is the personal property of a private individual and is being brought permanently into Malta by the individual when he is trans- ferring his normal residence from a place outside Malta to a place in Malta, provided that that vehicle qualifies for such exemption. The said exemption shall be given un- der those conditions, restrictions or limitations prescribed by the Minis- ter responsible for finance." There is no contestation that Schwinger's vehicle fell under the category of M1 and the dates when it entered Malta and when he trans- ferred residence to Malta, were mentioned in his own application. The Form that he downloaded men- tioned that he must apply for an ex- emption must be filed not before two months, but no later than 12 months from when he comes a resident. The old form does not mention that an applicant cannot file the application before two months from the transfer of residence. Schwinger wrote to the Ministry to complain that the old application was available. The email explained what exactly happened, which ex- planation the Tribunal described as plausible and genuine. The Tribunal had concluded that Schwinger was misguided and therefore annulled the decision and asked the Minis- try to reconsider its rejection of the application in the light of what hap- pened. The Ministry appealed this deci- sion, as it argued that its decision was in fact legally correct. It argued that there were specific criteria and therefore, the Ministry had to apply those criteria. Schwinger countered this by saying the Tribunal had to take into consid- eration both the law and the facts of the case and therefore, it delivered a just decision. Schwinger argued that he was misled by Transport Malta by its website. The Court of Appeal held that the point of this case lies with when Transport Malta replaced the old form with the new one on its web- site. Schwinger managed to show that on the site transport.gov.mt, the old form was still showing. On the other hand, the Ministry pro- duced a witness who could not say whether Transport Malta removed the old form. Ideally, Transport Malta would have produced its technical officers who could explain the changes that took place on its site. But nobody turned up. It was the Ministry's duty to make sure that Transport Malta is disseminating he correct informa- tion to the public. This is the duty of all public administration author- ities. The Ministry did not even show that they drew the attention of Transport Malta of this lack of cor- rect information, because this is not the first time the issue of incorrect forms had been brought up in re- lation to both Transport Malta and the Ministry, but nothing was done. The Court then moved to reject the appeal. Authorities have an obligation to assist the public LAW Classifieds LAW CLASSIFIEDS