Issue link: https://maltatoday.uberflip.com/i/1272935
15 maltatoday | SUNDAY • 26 JULY 2020 HOLIDAY ACCOMMODATION MARSALFORN, Gozo - holiday apartments for short or long lets with magnificent sea-views. Call 21556021, 27556021, 79426883 PROPERTY TO LET XLENDI - catering premises in prime site to let. Can be used for other commercial 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 apart- ments. Two double A/C bedrooms 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 mai- sonette. Three bedrooms; double glazed windows; inverter air conditioners including solar water heat- er. Being sold furnished. Own airspace with pos- sibility 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 CONCRETE SHUTTERERS - Zahra Employ Limited is looking to employ two individuals as Concrete Shutterers. The ideal Candidate should be in posses- sion of the qualifications or equivalent, in lieu a min- imum of 3 years experience in Concrete Stutterer and steel fixer are a must. The Concrete Shutterers may also have to make necessary material purchases, assist the foreman and the team members and to ensure that he or she maintains constant quality standards. Remuneration package starts at €1,200 gross monthly. Email a CV on admin@zahraltd.com DELIVERY PERSON - Good knowledge of English -Valid Motorcycle Driving License - Food Handling Certificate - Willingness to adhere to assigned routes, schedules, safety procedures, and transportation laws -Strong time management and customer service skills -Attention to detail -Training will be provided – this vacancy is open to any nationality with a valid Maltese work permit. To apply or for further details email your CV to: shermax.mt@gmail.com KITCHEN HELPER - We require a Kitchen helper to work full-time in one of our restaurants Monday to Sunday with one day off during the week. Minimum wage offered. Kindly contact Asian Palace Catering Ltd, St. Julian's on 27811888/99504694 or send an email to info@asianpalacemalta.com LABOURERS – Easy Pool Co. Ltd is looking for full- time specialised labourers to work on various con- struction sites in Malta & Gozo. At least 2 years' pre- vious experience is required. An attractive remunera- tion package will be offered to the selected candidates. Interested applicants are to send their CVs to e.pool. benessere@gmail.com. LABOURERS - Building Energy Technologies Ltd, San Gwann, has job positions for labourers in roads construction. Applicants must have experience, flu- ently speak English and other languages. Hourly rate Eur4.50. Interested applicants may send e-mail to: sec- retary@a-plusplus.eu LABOURERS - OZOMALTA is seeking to recruit individuals to work as Labourers. The chosen can- didate should speak and write fluently in English. To apply send a detailed CV to careers@ozogroup.com OZOMALTA – we are seeking to recruit individuals to work as Room Attendant - Public Area Cleaner / Waiter / Kitchen Porter. The chosen candidate should speak and write fluently 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@sig- nal8securitymalta.com.mt SPA THERAPIST Required for a boutique hotel. Full time hours including weekends and public holidays. Must be flexible with hours. At least 5 years experi- ence in a similar post. Must be specialised in colonic irrigation. For more info please call Village Concept on 99885352. SUSHI CHEF - We require a Sushi Chef to work full time in the Sushi/ Sashimi restaurant Monday to Sunday with one day off during the week. Kindly contact Asian Palace Catering Ltd, St Julian's on 27811888/99504694 or email info@asianpalacemal- ta.com VACANCIES - Angel Cleaning Consulting Services Ltd, San Gwann, has job positions for waiters, clean- ers and helpers in offices, hotels, hostels, guest houses and other establishments and for construction labour- ers. Applicants must have minimum if one / two years experience, fluently speak English and other languag- es. Hourly rate Eur4.50. Interested applicants may send e-mail to: secretary@a-plusplus.eu VACANCIES - Halima Construction Ltd, San Gwann, has job positions for waiters, cleaners and helpers in offices, hotels, hostels, guest houses and other estab- lishments and for construction labourers. Applicants must have minimum if one / two years experience, fluently speak English and other languages. Hourly rate Eur4.50. Interested applicants may send e-mail to: secretary@a-plusplus.eu WANTED COLLECTIBLE items such panini albums and loose stickers, old postcards and posted envelopes, medals, militaria, 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 IF a debtor claims that the debt is paid through a set-off then it is the debt- or who has to prove this and not the creditor. This was held in a judgement delivered by Magistrate Marse-Ann Farrugia in Mannarinu Limited -v- Pe- ter Muscat on 19 June 2020. The plaintiff company filed an ac- tion against Muscat claiming a debt of €4,980.64, which is a balance of a pending ARMS invoice of €13,301.97 left by the former tenant, after de- ducting improvements to a shop and equipment left behind after the lease was terminated. The defendant filed a statement of defence which argued that the claim was illicit because the lease was not declared for tax purposes and fur- ther claimed that he does not owe any money to the company. Magistrate Farrugia examined the evidence and saw that the plaintiff company had rented to the defend- ant a shop in Hamrun. In 2011 the defendant asked for permission to carry out some works at the shop, such as new shelving, a new electri- cal system and works to the façade. All this meant a considerable in- vestment for the defendant. However, a few months later the lessor and the lessee fell out and the lease was terminated. The parties agreed that the defend- ant should leave all improvements to the shop, which amounted to €8,321.33. The company argued that this had to be deducted from a pending ARMS bill of over €13,000. When the company asked for payment of the difference the defendant argued that his bill was higher than original- ly stated. The Court explained the first plea that the claim was derived from an illicit transaction, as the defendant claimed that the rent was not de- clared for income tax purposes. The Court disagreed, since the ev- idence produced did not show this. Even if this was the case, this does not have any bearing on the validity of the lease. Furthermore, the claim is not for unpaid rent but for a part refund on an unpaid ARMS bill. As to the merits of the case, the Court observed that the defendant was also claiming that the agreement entailed him leaving all improvements to the shop, and that the company would pay the water and electricity bills. The company disagreed that it would pay any amount to ARMS. The Court quoted Article 1196 and 1997 of the Civil Code which reads: "1196. (1) Where two persons are mutual debtors, a set-off takes place between them; (2) Set-off operates ipso jure, and even without the knowledge of the debtors. The moment two debts ex- ist simultaneously, they are mutually extinguished to the extent of their corresponding. 1197. (1) Set-off shall only take place between two debts both of which have for their subject-matter a sum of money or a determinate quantity of fungibles of the same kind, and which are both for a liqui- dated amount and exigible. (2) A debt shall be deemed to be for a liquidated amount if it is certain even with respect to the quantity thereof." The Court pointed out that from the record of the case, there is no agreement, as the defendant is stat- ing. When the agreement was made, the company did not know how much was owed to ARMS, because the in- voice was issued a month later. Such an agreement had to be proved by the defendant and the Court felt that it should not rest on what the defendant said, but needed concrete evidence. The Court found it hard to believe that the company would accept that it would pay any water and electric- ity bill for the improvements that were made. The tenant took the readings before vacating and therefore, could have made the necessary verification. The Court then moved to order the defendant to pay the plaintiff com- pany €4,980.64. Debtor must prove set-off if it is being claimed LAW Classifieds LAW CLASSIFIEDS