Issue link: https://maltatoday.uberflip.com/i/1339768
HOLIDAY ACCOMMODATION MARSALFORN, Gozo - holiday apart- ments for short or long lets with magnif- icent 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 QAWRA – Calling all developers this is an ideal development opportunity. Presently a 3 bedroomed penthouse with own air- space on the outskirts of Qawra close to Kennedy Grove, not far from the new primary school and main bus routes. Two double bedrooms and 1 single bedroom, two bathrooms, lift, double glazing doors and windows. With the option to build up a further 3 floors. Offers in the region of €310k. Once developed these apartments would be a strategic rental investment or resale opportunity. Kindly message owner on 99201846. NO AGENTS. 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 MT CLEANWELL – We are seeking to recruit staff for the following positions; construction site cleaners, public area, res- taurant/factory cleaners. Full Time and immediate employment. Candidates must speak Maltese or English. Duty require- ments will include carrying heavy items and the flexibility to work night shifts, weekends and public holidays. Monthly wage 800 -1200 euros. Send your CV via email: mtcleanwell@gmail.com CASHIER / GENERAL ATTENDANT - Tikka Thai Street Food of Naxxar are seek- ing the immediate employment, on a part- time basis, of a person with knowledge of Thai cuisine, to work as a cashier and to also assist in general restaurant duties, for example explaining to customers the ingredients of dishes offered. Although no particular qualifications are required, the ideal candidate must be fluent in written and spoken Thai and English, must also demonstrate sound knowledge of Thai traditions and Thai cuisine. Experience in a similar position would be considered an asset. The candidate must also have a clean criminal record. The duties of the cho- sen candidate will include handling sales, assisting patrons with queries, helping as necessary in the restaurant (not cooking). A salary of €400 per month is being offered to the suitable candidate. Interested candi- dates are to send their cv by email to piak@ onvol.net with the words "Cashier/general attendant" as the subject, by not later than 21st February 2021. CHEF - Padthai Kitchen (Jungle Joy) of Gzira is seeking the immediate employ- ment, on a full-time basis, of a Thai Food Chef. His/her duties will include choos- ing the right ingredients on the market, food preparation, and cooking of authentic Thai dishes. The ideal candidate should be in possession of the appropriate catering qualifications. In the absence of qualifica- tions, a minimum of five 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 suitable can- didate. Interested persons are to send their cv by email to piak@onvol.net with the word "Chef " as the subject, by not later than 21st February 2021. IBESEEN MALTA Ltd - we have vacancies for waiters, cleaners and helpers in offic- es, hotels, hostels, guest houses and other establishments, for Security Officers and for Construction Labourers. Applicants must have minimum of two / three years' experience. Fluently speaking English and other languages. Hourly rate from Eur4.53 / Eur5.50. Interested applicants may send email to secretary@a-plusplus.eu KITCHEN HELPER - Padthai Kitchen (Jungle Joy) of Gzira is seeking the imme- diate employment, on a full-time basis, of a kitchen helper. His/her duties will include cutting of vegetables, meat, fish and any other ingredients for the Chef, packing of ready dishes prepared by the Chef for customers, washing up of kitch- en utensils, and helping in general (not cooking). Although no particular quali- fications are required, the ideal candidate must be fluent in written and spoken Thai and English, and must also demonstrate sound knowledge of Thai traditions and Thai cuisine. Experience in a similar posi- tion would be considered an asset. The candidate must also have a clean crimi- nal record. A salary of €800 per month is being offered to the suitable candidate. Interested candidates are to send their cv by email to piak@onvol.net with the words "Kitchen helper" as the subject, by not later than 21st February 2021. 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' experi- ence in a similar post. Must be specialised in colonic irrigation. For more info please call Village Concept on 99885352. WANTED BLE items such panini albums and loose stickers, old postcards and posted enve- lopes, medals, militaria, coins and paper money, books, toys, stamps, badges, paintings, gold & silver items etc. Call on 21310238, 99246632. maltatoday | SUNDAY • 14 FEBRUARY 2021 15 A law firm engaged by sharehold- ers to set up a company and other services cease when the company is eventually struck off. This was held in a Court of Appeal judge- ment in Dr Suzanne Wolfe Martin bhala mandatarja specjali ta' Fran- tisek Komarek, Karel Komarek u Utrica Limited, socjeta estera reg- istrata gewwa l-gzejjer Caymen -v- Ganado & Associates Advocates u Ganado Services Limited, decided on 27 January 2021. The Court of Appeal was presided by Chief Jus- tice Mark Chetcuti and Judges Jo- seph R Micallef and Tonio Mallia. The judgement concerned 2 ap- peals filed by both parties follow- ing a judgement by the First Hall of the Civil Court on 30 June 2015. The Court had upheld a number of pleas presented by Ganado and Associates, while rejecting others. The Court also upheld some of the claims of the plaintiffs, ordering the law firm to pass on informa- tion to two of the shareholders of Bonatrans Group Holding Limit- ed, within 30 days. The plaintiff instituted an ac- tion against the law firm, asking the court to order it to give them access to information and docu- ments on a company, Bonatrans, which they asked the law firm to incorporate. The law firm filed a statement of defence, challenging representa- tion in Malta and whether they had a juridical interest in the case. The First Hall of the Civil Court in its judgement held that Bon- atrans was incorporated in 2010 and struck off the following year. The plaintiffs and Komarkova had originally instructed the law firm to incorporate the company. In May 2013, Komarek has asked to given a copy of the file of Bonatrans. The law firm rejected the request on the ground that such a request had to be made by the 3 shareholders of the company and not by just one of the shareholders. The Court held that it is of the opinion that any of the persons who had instructed the law firm has a right to the information on the incorporation of the company. The law firm challenged this, since the instructions were given by all three shareholders. They quoted from the Letter of Instruction that the plaintiff signed, where the term "client" is a reference to any per- son or persons instructing the law firm such person were joint and several. The lawyer in charge of the file held that there was no ob- jection for any of the shareholders to have a look at the documents. The law firm argued that once the company, Bonatrans, was incor- porated, it was that company that became the clients of the law firm and no longer the individuals who instructed them to set it up. Now the company was liquidated and struck off. The defendant law firm lodged an appeal, asking the court to overturn the order to forward the information on the incorporation of Bonatrans. On the other hand, the plaintiffs also filed an appeal in order to overturn the judgement which rejected the claim to order the law firm to give the informa- tion on the administration of the company. The Court of Appeal started to discussion the law firm's appeal. The First Court made a distinction between the instructions given to the law firm in order for Bonastrans to be incorporated and the services given after the incorporation. The law firm pointed out that they were in fact instructed by three founda- tions registered in Liechtenstein, which were the shareholders of the company. Since the request for in- formation came from the individu- als who held shares in the compa- ny, then they did not have the right to receive information. The Court of Appeal pointed out that when the lawyers received in- structions to incorporate the com- pany, they had created a separate judicial personality from the share- holders. The Court disagreed with the law firm on how the sharehold- ers were treated with regard to the company incorporation. Once the individuals signed the letter of instruction, they became the law firm's clients and therefore there was a professional relationship be- tween the two sides and therefore, the Court of Appeal agreed with the judgement appealed. As to the plaintiffs' appeal, they argued that the law firm's obliga- tions towards them did not stop when the company was registered; and that the agreement between the two sides stipulates that the services may be terminated before or after incorporation. Therefore, the services continued after the in- corporation. The law firm countered this, by saying that there was a separate agreement entered into between the law firm and the newly regis- tered company and therefore, their professional relationship was with Bonatrans and not with the plain- tiffs. They claimed the firm could not give information on any trad- ing due to professional secrecy. The Court of Appeal agreed with the firm's arguments. The access to the company's documents were not without limitations: the plain- tiffs were not the shareholders of the company. The agreement with the law firm states that it was bound by professional secrecy in the interest of the company. The plaintiffs were not the clients for that time the company was regis- tered. The Court considered the fact that action was instituted after the company was struck off. Once the company was struck off, the rela- tionship with the law firm was ter- minated. The Court compared the situation with a death of a person. The difference is that there are no heirs in the death of the company. The instructions given before the company was incorporated, can- not be reverted once the company is struck off. The first instructions were to set up the company and not its ad- ministration. Therefore after the incorporation the relationship is with the shareholders and not with those who gave instructions to set it up. The Court of Appeal then moved to reject the appeals of both parties. LAW CLASSIFIEDS CLASSIFIEDS INFO @MEDIATODAY.COM.MT Lawyers' obligations cease when company is struck off LAW REPORT MALCOLM MIFSUD Mifsud & Mifsud Advocates