Issue link: https://maltatoday.uberflip.com/i/1285850
15 maltatoday | SUNDAY • 6 SEPTEMBER 2020 HOLIDAY ACCOMMODATION MARSALFORN, Gozo - holiday apart- ments for short or long lets with magnifi- cent sea-views. Call 21556021, 27556021, 79426883 PROPERTY TO LET XLENDI - catering premises in prime site to let. Can be used for other commercial pur- poses. 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 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 maisonette. Three bedrooms; dou- ble glazed windows; inverter air condition- ers including solar water heater. Being sold furnished. Own airspace with possibility of further development. Contact owner on 99912005/99450639. SERVICES NEWSPAPER adverts - Book & pay on-line on www.perfecta.com.mt - no extra charges. Call on 21322452 SITUATIONS VACANT CHEFS - Pad Thai Kitchen (Jungle Joy) of Gzira is seeking the immediate employment, on a full-time basis, of two Thai Food Chefs. Their duties will include choosing the right ingredients on the market, food preparation, and cooking of authentic Thai dishes. The ideal candidates should be in possession of the appropriate catering qualifications. In the absence of qualifications, a minimum of 5 years' experience is required, in a similar Thai restaurant working as a Chef. A salary of € 9,600 per annum is being offered to the suit- able candidates. Interested candidates are to send their cv by email to: piak@onvol.net by not later than 10th of September 2020. EXTREME PRO SCAFFOLDING LTD - based in Xghajra, Zabbar, specialising in building construction projects, is recruiting skilled labourers, steel fixers, carpenters, brick layers and shutterers to work in building con- struction in Malta. Full Time role. Involves manual labour/outdoor work. At least 3 years' experience is needed + English and/or Maltese speaking. Apply via email: extreme- pro.applications@gmail.com IBESEEN MALTA Ltd – we have vacancies for waiters, cleaners and helpers in offices, hotels, hostels, guesthouses and other estab- lishments and for Construction Labourers. Applicants must have minimum of one / two years' experience. Fluently speaking English and other languages. Hourly rate from Eur4.50 / Eur5.50. Interested applicants may send email to secretary@a-plusplus.eu IMMEDIATE EMPLOYMENT - Electrician/ Shutterers/Steel fixers/tile layers are required for immediate employment. Minimum of 3 years' experience is a must. Starting salary from €850 but negotiable. Send CV to marti- novicvojko81@gmail.com or call Martinovic Vojko for further information on 79809259. INVENTORY CONTROL CLERK AND ADMISTRATIVE CLERK – Duties and Responsibilities: Monitors, maintains cur- rent inventory levels; processes purchasing orders, tracks orders, investigates problems; Processes and documents returns as required following established procedures, payment invoices; Performs data entry, answering telephones, assisting customers. Minimum Job Requirements: Have sound knowledge of SAGE inventory software; Minimum O'level standard of Education. Knowledge, Skills and Abilities Required: Knowledge of electrical, mechanical services components; Highly computer literate, database manage- ment; Ability to reconcile stock counts to report data, analyse, solve problems, admin- istrative paperwork, to receive, stock, and/or deliver goods. Driver Licence B: Clean Police Conduct are required. Send CV on info@ rvcltd.com.mt LABOURERS - DMA Ltd is looking for Labourers to work on a full-time basis. Interested candidates are requested to send CVs at: info@dmaturnkey.com LONDONER PUB - we require an expe- rienced cook/chef for immediate full-time employment at the Londoner Pub Smart City. Pay rate 5.00€ per hour. Send e-mail to: info@ thelondonerpubs.com.mt MANGION BROS (Zurrieq) LTD - we spe- cialise in building construction and are pres- ently recruiting experienced and English speaking; DRIVER: BULLDOZER AND MECHANICAL SHOVEL and DRIVER: HEAVY VEHICLE and CONCRETE LAYER AND FINISHER to work with the com- pany. Full Time role. Involves outdoor work. Monthly Gross Salary starting Euro 800. Apply by calling 21649590 or visiting us at our plant. MASALA GLAMOUR LOUNGE LTD - we have job positions for waiters, cleaners and helpers in offices, hotels, hostels, guest houses and other establishments and for construc- tion labourers. Applicants must have mini- mum of 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. MT CLEANWELL – We are seeking to recruit staff for the following positions: con- struction site cleaners, public area, restaurant/ factory cleaners. Full Time and immediate employment. Candidates must speak Maltese or English. Duty requirements will include carrying heavy items and the flexibility to work night shifts, weekends and public hol- idays. Monthly wage 800 -1200 euros. Send your CV via email: mtcleanwell@gmail.com NEIL CALLEJA LTD - we are looking for experienced ELECTRICIANS, PLUMBERS AND TILE LAYERS to work on full time basis. Interested candidates are requested to send CVs at: neilcalleja96@gmail.com OASIS TRAVEL AND TOURISM - we are seeking to recruit staff for bus drivers. Kindly send your CV to philip@citysightseeing.com.mt SHOP/SALES ASSISTANT - 2 V's Mini Market, has job position for Shop / Sale Assistant. Applicants must have experience, fluently speak English and other languages. Hourly rate Eur4.50. Interested applicants may send e-mail to: secretary@a-plusplus.eu. SIGNAL 8 - Signal 8 Security Malta Ltd. requires filling positions as Customer Care 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@signal8securitymalta.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 experience in a similar post. Must be specialised in colonic irrigation. For more info please call Village Concept on 99885352. SUNAMGONJ LTD - we have vacancies for waiters, cleaners and helpers in offices, hotels, hostels, guesthouses and other establishments and for Construction Labourers. Applicants must have minimum of one / two years' experience. Fluently speaking English and other languages. Hourly rate from Eur4.50 / Eur5.50. Interested applicants may send email to secretary@a-plusplus.eu. WANTED COLLECTIBLE items such panini albums and loose stickers, old postcards and post- ed 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 THE law makes a difference between en- dorsed bills of exchange and those which are not endorsed. This was held in a judge- ment delivered by Mr Justice Robert Man- gion on 1 September 2020 in Western Company Limited -v- Spiridione Muscat. Muscat had filed an application to reject an application filed by the company to have a number of bills of exchange enforceable. This action is based on Article 253 of the Code of Organisation and Civil Procedure, which lists bills of exchange as an execu- tive title. In the same article the court may suspend the enforcement of the bill so ex- change, after an application is filed within 20 days after receiving a judicial letter ren- dering the bill of exchange as enforceable. There are two reasons to suspend the en- forceability of a bill of exchange, the first is that it is not signed by the person who is to sign it or else for grave and valid reasons. Muscat explained that he does not owe anything to the company, since there is a pending lawsuit, and in anyway the first 59 bills of exchange are time barred by Article 2156(f) of the Civil Code. The Court in its judgement made refer- ence to a number of judgements dealing with bills of exchange such as Raymond Scerri v Christopher Caruana decided on 27 January 2020 by the Court of Appeal, which gave an interpretation of Article 253(e) of the Code of Organisation and Civil Procedure (COCP). The Court in that instance held that there is a differ- ence between bills of exchange which are endorsed and those which are not. Those which are endorsed to third parties are in- dependent from the underlying obligation with the third party. In John Giorrdmaina et -v- Joseph Pace, the court held that a bill of exchange held by the creditor of an obligation is not independent from the ob- ligations from which the bill of exchange was issued. It is only when the bill of ex- change is endorsed is it not dependent on the agreement between the parties. Articles 197 and 198 of the Commercial Code lists the pleas of an action based on bills of exchange and they read: "197. Pleas which are personal to the en- dorsers may not be set up against the hold- er of a bill. 198. (1) Pleas which are personal to the holder of a bill cannot delay the payment thereof, unless the pleas are such as can be conveniently and speedily disposed of in the pending action. (2) Where such pleas require a prolonged enquiry, the examination thereof shall be referred to an independent action and, meanwhile, the judgment ordering the payment of the bill, with or without secu- rity, as the court shall deem fit, shall not be delayed." In another judgement Charles Gatt noe -v- Joseph Vassallo Gatt noe stated that Article 198 of the Commercial Code wants that these issues be decided with a certain amount of efficiency and allow pleas that can be dealt with easily. Pleas that require a thorough investigation cannot be exam- ined in the same action. The same can be said for the reason why one can ask for a suspension from the enforcement of the bills of exchange. The procedure of sus- pension outlined in Article 253€ of the COCP is limited in scope to the exami- nation of the signature or for a grave and valid reason. In Michael Attard Limited -v- Turista Limited held that grave and valid reasons cannot be wider than that provided in the Commercial Code. In Daniel Zerafa -v- 240 Contracting Ltd give violence as an example to what grave and valid refers to or else usury. But in other cases, such as latent defect cases cannot be considered as grave and valid reasons to suspend the execution of a bill of exchange. In this particular case Muscat is not con- testing that the signature is not his and that he was notified with the judicial letter. Muscat argued that the first 59 bills of exchange are time barred and therefore, qualify to be a grave and valid reasons not to be enforceable. These were dated be- tween 2010 and 2015 and the judicial let- ters were of July 2020. Therefore, on the fact of it these bills of exchange are time barred, since they exceed 5 years in terms of Article 258(c) of the COCP. The other bills of exchange are enforceable. There is a separation action instituted in 2018 with regard to the contract between the par- ties. This should not stop the execution of these bills of exchange. The Court then moved to uphold Muscat request in part by declaring that the first 59 bills of exchange are not enforceable, but the rest are Endorsed bills of exchange have to be paid irrespective of underlying obligations LAW Classifieds LAW CLASSIFIEDS