MaltaToday previous editions

MALTATODAY 4 October 2020

Issue link:

Contents of this Issue


Page 46 of 47

15 maltatoday | SUNDAY • 4 OCTOBER 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 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 bedrooms and 1 single A/C bedroom, two bathrooms, lift, dou- ble 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 condi- tioners including solar water heater. Being sold furnished. Own airspace with pos- sibility of further development. Contact owner on 99912005/99450639. VALLETTA - Amazing views. 3 bed- rooms/bathrooms. Amazing Location. SERVICES NEWSPAPER adverts - Book & pay on-line on - no extra charges. Call on 21322452 SITUATIONS VACANT ANDRE APAP – A&A Contractors based in Iklin is recruiting full time labour- ers, skilled labourers, electricians, skilled labourers (power tools), steel fixers and shutterers - to work in the construction industry. Job involves manual labour/out- door work and can involve working from heights. English and/or Maltese speaking. Annual Gross Salary packages starting from Euro 9,600 annually. Apply via email CLEANER-RVC require an experienced Cleaner. The applicant must have 2 years' experience and possesses a good lev- el of spoken and written English. The candidate will be expected to perform cleaning duties and any needed help. Be a team-player willing to work in rapid- ly changing and dynamic environment. Interested applicants are to send their CV and covering letter to: info@rvcltd. DRIVER-RVC are searching for an expe- rienced Truck/Lorry Driver with a CE Licence. This job requires operating truck with crane arm and folk-lifters, routine inspections and maintenance on vehicles, preparation of equipment for site, loading and delivering to and from required loca- tion and assisting in warehouse duties. Good command of English is essential. Full time (flexible hours). Interested applicants are to send their CV and cov- ering letter to: EXTRUDER & COILING MACHINE OPERATOR - required for the Low Voltage Electrical Cables - Experience Required - Knowledge of Arabic Speaking is an asset, please sent you CV to info@ or call 21697888. JUNIOR OFFICE CLERK - a vacancy has arisen at a shipping company locat- ed in Marsa. Following requirements are O Level standard passes, computer lit- erate – Microsoft office, knowledge of Maltese and English languages. Ability to communicate and work on own initi- ative / 'hands-on' approach. Prospective candidates can send cv on email: david. LABOURERS - DMA Ltd is looking for Labourers to work on a full-time basis. Interested candidates are requested to send CVs at: LIGHT HOUSE SUPERMARKETS – located in Gozo are recruiting cashiers, butchers, deli assistants, storekeepers and clerks on full time basis. The success- ful candidates 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. MANGION BROS (Zurrieq) LTD - we specialise in building construction and are presently recruiting experi- enced 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. MODERN BARBER'S HAIRSTYLE LTD - Bormla, has a vacancy for Hairdresser / Hairstylist. Applicants must have mini- mum of three years' experience. Fluently speaking English, Maltese and Arabic. Hourly rate from Eur4.50. Interested applicants may send email to secre- 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 ori- entated, smart and flexible for shift work. Email your CV to hr@signal8security- 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. TILES LAYERS – candidates must be residing in Malta must speak Maltese or English another language will be an asset EU or Non-EU citizens welcome. Salary range between €800 -€1500 per month. Send your CV immediately to: mtclean- 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 Court may apportion the court costs of a case to both parties and not necessar- ily to the party that lost the case. This was held in Antoinette Gouder et -v- Ellcee Nautical Supplies Limited on 23 Septem- ber 2020 by the Court of Appeal presided by Mr Justice Lawrence Mintoff. The applicant Gouder et, had appealed from a judgement delivered by the Rent Regulation Board, which upheld the com- pany's pleas and turned down the appli- cant's claims. The Rent Regulation Board (RRB) ordered that the applicants pay the costs of the case, except for the first three pleas. The facts of the case concern a property in Gzira which was rented in 1985. The applicants, Gouder et, are the owners. The lease agreement stipulated the rent was to be revised after the first 5 years according to the cost of living. The original lessee was Lawrence Camilleri and he was allowed to transfer the lease only once and the rent was to increase by 15%. If the transfer was made to a company, any transfer of shares was to be considered as being terminated. In fact, Camilleri transferred the lease to his company Ellcee Nautical Supplies Limited, whose shareholders were his wife and his two children Kenneth and Robert Camilleri. In 2015 his wife and Robert Camilleri trans- ferred their shares to Kenneth Camilleri. The applicants held that this was a breach of the lease agreement and asked the Board to take possession of the property. The defendant company filed a state- ment of defence listing a number of pleas. The RRB pointed out that in 2010 Law- rence Camilleri's shares were transferred after he died, but in 2015 a further trans- fer of shares was filed. Kenneth Camilleri became the sole shareholder of the com- pany. The auditor of the company testified and explained that according to Lawrence Camilleri's will, he left half of his shares to his wife, while 25% to each of his two sons. The business was in fact controlled by Kenneth, who lived abroad. The company held that Article 1614 of the Civil Code, as amended in 2009 was applicable. The same article was then amended in 2017, however, the applicable provision is that from 2009. This article stipulates that sub-lease is not allowed un- less the lessor and lessee both agree to this. Every type of concession or else an agree- ment gives possession of the property is a sub-lease. If the lessee is a company, the transfer of 50% of the shares or control is deemed as a sub-lease. The applicants argued that the par- ties are bound by the agreement and the agreement was clear and there is no room for alternative interpretations. The appli- cants also argued that Article 1614 does not apply, because the lease agreement was dated 1985. The company argued that the 2009 amendment made Article 1614 of the Civ- il Code applicable and that the fact that the Camilleri transferred shares between themselves in certain circumstances, did not violate the agreement. The RRB ar- gued that Article 1531D of the Civil Code lists which laws are applicable in leases that took place in different periods. Since the lease agreement was signed in 1985 the applicable law is still Reletting of Ur- ban Property (Regulation) Ordinance. The RRB quoted from Blackley company Lim- ited -v- Edward Schembri et, which held that leases before June 1995 and still valid in January 2010, are to be regulated by the laws applicable in June 1995, apart from those listed in the Civil Code. Therefore Article 1614 of the Civil Code, may be still applicable. The RRB held that the condition put in the lease agreement was not all that clear. The original lessor and lessee did not want to limit the trans- fer of shares, if the lease was transferred to a company, as it in fact was. Furthermore, Article 1614(3) of the Civil Code also deals with the transfer of leases. In fact this article excludes that a trans- fer done by the defendants should not be interpreted as a sub-lease. The RRB then moved to reject the claim. The applicants, Gouder et, lodged an appeal on the ground that the RRB inter- preted the lease agreement, when there was no need to and should have rested on what was written. The applicants also ar- gued that Article 1613(3) did not apply to commercial leases. The company rebutted this by arguing that the intention of the original parties to the lease agreement was for people outside the family to be excluded. In the appeal, the Court of Appeal was informed that in separate proceedings the defendants were ordered to vacate the property and it was to be returned to the owners. Therefore, the only issue at hand was the court costs. Article 223 of the Code of Organisation and Civil Procedure directs the courts to award court costs to the losing party. However, if a party loses any part of the action, then the court should award the court costs proportionately. The RRB had awarded the costs to the applicants with exception to there of the pleas. Now that there is a separate judgement ordering the defendants to vacate the promises, the Court of Appeal apportioned the court costs in that each party should pay its own costs. Court costs may be apportioned amongst the parties LAW Classifieds LAW CLASSIFIEDS

Articles in this issue

Links on this page

Archives of this issue

view archives of MaltaToday previous editions - MALTATODAY 4 October 2020