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MALTATODAY 25 October 2020

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maltatoday | SUNDAY • 25 OCTOBER 2020 15 THOSE individuals who are representing a company, must show that they are acting on behalf of the company and not representing themselves. This was held on 19 October 2020 in the case Perit Arkitett Alexander Bezzina u l-Perit Arkitett Keith Cole f'isimhom propju u ghan-nom u in rap- prezentanza tas-socjeta BAC Ltd -v- Melvin Pulis u b'Di- griet ta' l-1 ta'Gunju 2010 gi- et kjamat in kjamata in kawza s-socjeta PJPC Constructions Limited. The Magistrates' Court was presided by Dr Gabriella Vella. The case concerned a normal debt recovery for professional services the architects had car- ried out on projects in Msida and in Qrendi. The Architects had first filed the action only against Melvin Pulis in order for him to him to pay €6840. This sum repre- sented professional fees. Pulis filed a statement of de- fence stating that he should not have been sued since he was acting on behalf of his employer PJPC Constructions Limited and he was merely the contact person with regard to MEPA applications. He held that the claim was in- flated and exaggerated. The Court admitted into the suit PJPC Constructions Lim- ited, after Pulis asked that the company be called into suit. The company agreed that Pulis was merely its employee and that the claim was exag- gerated. Magistrate Vella first dealt with the plea whether Pulis should have been a party to this action. Both Pulis and PJPC agreed that the former was merely an employee and held the po- sition of Financial Controller and therefore, he could not have been acting on his own behalf but on behalf of his em- ployer. However, the Court held that although there is an agreement between Pulis and the compa- ny, the Court still has to in- vestigate whether Pulis was a legitimate party to the action. The claim concerns three projects the Architects worked on and Pulis had signed all the MEPA documents. The plaintiff Keith Cole told the court that he had contact- ed Pulis on these applications and even signed the certificate of ownership. He also said that he never heard of PJPC before this case. The architect's secretary tes- tified that she issued the in- voices to clients and she had chased Pulis for payment. They had instructed a law- yer to chase the debt and only then did Pulis reply in writing on a PJPC letterhead, where he sent 4 cheques, two of which bounced. The defendant testified to state that he is an employee of PJPC and that he is involved in all the company's projects, including engaging the archi- tects. He claimed that the archi- tects knew that he was not the owner of the properties, but merely represented the com- pany. The Court held that accord- ing to a previous judgement Korporazzjoni ghas-Servizzi ta' l-Ilma -v- Emanuel Grixti decided on 10 January 2007, the court held that for a plea of lack juridical interest to be successful, the court has to an- alyse the relationship between the parties and if the creditor has a right against the alleged debtor. The Court pointed out that it is absurd that an individu- al would not inform the other side of negotiations that he is representing a company, which has limited liability. Therefore, the negotiations will not be taking place with an individual but with a company. This can be shown in the in- voices and statement. Then if one claims that he or she is not the correct person to be sued, he will have evidence showing that it is the company which should answer the claim and not him personally. In Legend Real Estates Lim- ited -v- Ron Chetcuti decid- ed by the Court of Appeal on 27 April 2006, an individual would be presumed to be act- ing on his own regard, unless he specifically states that he is representing someone else. If the invoices indicate him, could he have not indicated that they should be amended and call upon someone else? In this particular case, Pulis showed that he was an employ- ee of PJPC from April 2006. The MEPA applications were signed in April and May 2006. Pulis failed to produce any representative of PJPC to show that when he signed the MEPA documents he was acting on behalf of the company. Instead he produced docu- ments of other projects show- ing that he acts on behalf of the company. These permits have nothing to do with the invoices the ar- chitects had issued. The MEPA applications signed by Pulis were for pro- jects in Msida and Qrendi and for these applications the ar- chitects invoiced Pulis. These invoices were never contested until Pulis received a legal letter. Even here the contestation was on the quantum of the in- voice and not that they were addressed to him. Pulis had sent 4 cheques of PJPC's account and were ac- cepted by the architects. Only one was cashed. This does not mean that a ju- ridical relationship was creat- ed between the architects and PJPC. Article 1149 (1) of the Civil Code allows that third parties pay debts of others without them being responsible for the principle debt. The Court concluded that the Defendant and the company PJPC Construction Ltd did not manage to prove that Pulis did not have any juridical relation- ship with the architects that sued him. The Court turned down the plea. The Court then moved on the plea that the amount was inflated and exaggerated. The Court went into some details on the tariffs the ar- chitects could change and the work they carried out. The Court agreed with the plaintiffs that the amount of €6840 was precise and the Court ordered the Defendant, Pulis, pay this sum to them. LAW CLASSIFIEDS CLASSIFIEDS INFO @MEDIATODAY.COM.MT Individuals representing company must specify their representation 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 commer- cial 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, 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 AJ ENTERPRISES LTD - We are seeking the services of Labourers on a full-time basis. Applicants must be Maltese & English speaking and have a minimum of 1 year experience in Aluminium & PVC works. Apply by sending an email with your CV to info@ajenterprises.eu CONCRETE SHUTTERER - Danzah lim- ited is looking to employ individuals, as Concrete Shutter. the Ideal Candidate should be in possession of the appropriate qualifica- tions or equivalent, in lieu of a minimum of 3 years experience as a Concrete Shutter and steel fixer are a must. The Concrete Shutter may also have to make necessary purchase orders, assist the foreman and team mem- bers and to ensure that he or she maintains constant quality standards. Remuneration package starts at €1000 gross monthly. Email a CV to infodanzah@gmail.com. DANZAH LIMITED - we are looking to employ individuals, as cleaners/helpers. The ideal candidate should speak in English. This position may also have to make neces- sary purchases, from local shops and assist in the daily office routine. Remuneration package starts at €900 gross monthly. Email a CV to infodanzah@gmail.com MASALA GLAMOUR LOUNGE LTD – located in San Gwann, has job positions for waiters, cleaners and helpers in offic- es, hotels, hostels, guest houses and other establishments and for construction labour- ers. Applicants must have minimum 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 P GYPSUM – we require plasterers, paint- ers and gypsum installers. Send your CV to p.gypsumwork@gmail.com 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 sim- ilar post. Must be specialised in colonic irrigation. For more info please call Village Concept on 99885352. SWAEY BROS LIMITED - a Maltese company, based in Mosta specialising in crane and boat services has an opening for Service Technician. Full Time employ- ment packages available. Maltese and/or English-speaking candidates can apply via email: swaey@swaey.com or call on (+356) 21416163 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. LAW REPORT MALCOLM MIFSUD Mifsud & Mifsud Advocates

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