Issue link: https://maltatoday.uberflip.com/i/1305625
maltatoday | SUNDAY • 1 NOVEMBER 2020 15 THE Court will not revoke a garnishee order on the ground that the subject of the order is being prejudiced. This was held in a judgement delivered on 26th October 2020 in GO plc. Vs. Natalino Zammit by the First Hall of the Civil Courts presided by Mad- ame Justice Anna Felice. Natalino Zammit had filed a sworn application wherein he explained that he owns an apartment in St Paul's Bay. The apartments of that block are to be used for residential purposes, however GO plc purchased one of the apart- ments to open a Telecommu- nications POP site. Zammit filed a warrant of prohibitory injunction asking the court to ban Go from using the premises for commercial purposes, which was upheld. Go then requested Zammit to place a guarantee for eventual damages caused by this war- rant. Eventually it filed a garnish- ee order against Zammit for €165,000, but this was not up- held. Go plc filed the same gar- nishee order sometime after and this time it was upheld. Zammit accused Go of forum shopping and criticized that there was no prima facie evi- dence for it to be issued. Because of this garnishee order Zammit is claiming he is prejudiced and asked the Court to revoke it and declare that it was obtained contrary to law. Go plc filed a statement of defence and said that it did nothing wrong and everything was under according to law. Madame Justice Felice sum- marized the evidence brought before the court and pointed out that the dispute started when Go had started works in an apartment below Zammit's apartment. He claimed that there was danger of damages from the works and there were some meetings and correspondence to settle the dispute. Zammit then filed a warrant of pro- hibitory injunction in order to block Go from converting the apartment into a commercial premise. As a consequence, Go claimed that it had suffered €165,000 in damages and filed 2 garnishee orders. One was rejected while the other was upheld. Go followed up with a court case to support the garnishee order. Zammit tried to ask for a counter-warrant based on Ar- ticle 836(1)(b)(d) and (f) of the Code of Organization and Civ- il Procedure, which reads: "836. (1) Without prejudice to any other right under this or any other law, the person against whom any precaution- ary act has been issued, may make an application to the court issuing the precaution- ary act, or, if a cause has been instituted, may make an ap- plication to the court hearing such cause, praying that the precautionary act be revoked, either totally or partially, on any of the following grounds: (b) that any one of the condi- tions requested by law for the issue of the precautionary act does not in fact subsist; (d) if it is shown that the amount claimed is not prima facie justified or is excessive; or (f) if it is shown that in the circumstances it would be unreasonable to maintain in force the precautionary act in whole or in part, or that the precautionary act in whole or in part is no longer neces- sary or justifiable." The Court in its judgement quoted from previous judge- ments as for example Stanley Stuart -v- Therese Mangion Galea, decided on 29 July 2005, which held that a pre- cautionary warrant may be is- sued where there is a claim of a right against another person and that the warrant is intend- ed to protect this right. The person requesting it is responsible for his/her request for the warrant being issued. The merits of the case will be decided by the court which is dealing with the merits of the case and not that could which had issued the warrants. In Elton Penza et -v- Terra Mediterranea Limited of 11 July 2017 by the Court of Ap- peal, the court pointed out that when the warrant is issued, it will be issued if the Court sees that there is a prima facie jus- tified claim. In Marco Bugelli -v- Mark Micallef of 3 August 2018, the court held that the merits of the dispute will be decided in the action instituted by the parties to the warrant and not by the court issuing the war- rant. In this particular case the Zammit argued the Go issued a garnishee order abusively and therefore prejudiced his position. However, Madame Justice Felice held that this is no a reason at law to revoke the garnishee order. The Court, then moved to re- ject Zammit's claims. LAW CLASSIFIEDS CLASSIFIEDS INFO @MEDIATODAY.COM.MT Prejudice is not a reason for a precautionary warrant to be revoked 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 com- mercial purposes. Phone 79493021, 79426883, 77481592 or 77484029 PROPERTY FOR SALE QAWRA – Calling all developers this is an ideal development opportunity. Presently a 3 bedroomed penthouse with own airspace on the outskirts of Qawra close to Kennedy Grove, not far from the new primary school and main bus routes. 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