Issue link: https://maltatoday.uberflip.com/i/1287818
15 maltatoday | SUNDAY • 13 SEPTEMBER 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 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. VALLETTA - Amazing views. 3 bedrooms/ bathrooms. Amazing Location. www.amaz- ingvallettahouse.com 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. WD FARRUGIA COMPANY LIMITED – located in Gozo is recruiting cashiers, butch- ers, deli assistants, store keepers and clerks on full time basis. The successful candi- dates must speak English and/or Maltese and be ready to work on Saturdays. Candidates should be sociable, numerate and literate. Salary packages start from Euro 800 per month. Apply by calling on 2155 0220. 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 IF one party to agreement wants to re-discuss any terms, the agreement is still valid at law. This was decided by the Court of Appeal presided by Mr Justice Lawrence Mintoff on 2 September 2020 in Nazzareno Fenech -v- Sammy Ellul ezercitanti l-kummerc bhala Ellul Clas- sic Design Woodworks Limited. Fenech filed the appeal following a deci- sion delivered by the Consumers Tribunal on 3 December 2019. The Tribunal turned down his claim against Ellul, which dealt with the installation of new doors. Fenech was seeking a reduction in the price. In this case Fenech had paid a deposit when he ordered 3 doors from Ellul. The delivery was between April and May 2019, but they were ready in June 2019. Fenech wanted to pay for the doors by monthly instalments, but Ellul refused because this was not the agreement and should have been paid on installation. Fenech then instituted the action and claimed €2530, which was the price of the 3 doors. Ellul re- plied that the doors were ready and Fenech should pay for them. The Tribunal held that the issue turned into an unreasonable battle between the parties. If the doors were ready, they should be installed and Fenech should pay for them, although Ellul had some blame and should pay some damages. Fenech appealed this decision and ar- gued that the agreement was in fact null and void, since he never saw the doors ready. The Tribunal did not give any rem- edy if the doors are not fixed and if they were ready, they should have been depos- ited in court. The Court of Appeal dealt with the first and third ground of appeal together since they dealt with whether the agreement between the two parties was valid at law. Fenech argued that he had lost all trust in Ellul and did not see the finished prod- uct and Ellul should have deposited these doors in court. The former felt that the agreement had fallen through. Ellul countered by stating that there was no precise date for delivery, but there was merely an indication. In fact, in May 2019, Fenech was still choosing the colour of the doors. Ellul accused Fenech of not having the finances to pay for the doors as the true reason of the refusal. The Tribunal did not declare that the agreement was terminated at any point and this was done after it had examined all the evidence brought before it. The Court of Appeal held that Fenech is asking for a re-evaluation of the evidence, something that a Court of Appeal should not do. A Court of Appeal should examine whether the first court, in this case the Consumers' Tribunal, could reach the decision it took. The Court of Appeal did exactly this and saw that the agreement between the Par- ties did not establish a precise date when the doors had to be delivered. In July 2019. Fenech received a message saying that the doors were ready and asked for the bal- ance. The Court point out that both Par- ties had signed an invoice and therefore, one could conclude that this was their agreement. The Court pointed out that this invoice indicated April/May and the colour was not indicated. Ellul had finished the doors in June and even in July Fenech did not indicate that he wanted to terminate but negotiated on the terms of payment. Therefore, the agree- ment was still valid. As to the second ground of appeal, where the Tribunal did not give an effective rem- edy if the doors are not installed and did not give a time limit. Ellul explained that the doors are still ready to be fixed as long as he is paid the balance. The Court of Ap- peal quoted from Subsidiary Legislation 378.01 on the Regulations of the Consum- ers' Tribunal which states that the Arbiter may correct an error or omission in the decision and can award costs and interest. In this case, Fenech had a remedy before initiating these proceedings and therefore, did not need a solution for a hypothetical situation if Ellul failed to install the doors. The Court of Appeal then moved to dis- miss the appeal. Re-discussing an agreement does not terminate that agreement LAW Classifieds LAW CLASSIFIEDS