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6.5.2021 OVER 40 YEARS OLD? APPLY FOR THE COVID19 VACCINE VACCIN.GOV.MT OR SEND YOUR ID CARD NUMBER BY SMS ON: 99180045 99180044 TO GET VACCINATED IN MALTA TO GET VACCINATED IN GOZO MATTHEW AGIUS THE Court of Appeal has upheld a request by Marsovin Ltd for the revocation of a garnishee for €240,525 filed by Vassallo Builders in a case relating to the Lowenbrau deal. e land once occupied by the Lowenbrau beer facto- ry in Qormi, had been sold in 2009 to Nazzareno Vas- sallo's Vassallo Builders Group, where the site is today used for a wedding hall and conferences centre. e 21,000 square metre plot had been granted to Marsovin's Lowenbrau by the Maltese government back in 1990 for Lm10,000 in annual rent (€23,294). e minister of the day had established that the al- location was to be made on a perpetual basis against the annual payment of a non-revisable ground rent of Lm10,000. e contract stipulated that the land was to be used specifically for the production of beverages. It became the subject of controversy after LBM Brew- eries – then owned by Marsovin – was acquired in 2009 by Vassallo Builders Group (VBGL) which proceeded to redeem th eground rent, and acquire the land free- hold and removing the use condition for €465,875. On 1 December 2009, LBM Breweries requested the redemption of the perpetual ground rent from the Gov- ernment Property Division (GPD), which endorsed this request only the next day on 2 December 2009, simul- taneously authorising the cancellation of all the condi- tions burdening the land in Qormi, which effectively rendered the site free and unencumbered. e case became the subject of an Auditor General's inquiry in 2017, dragging out Labour minister Owen Bonnici and Nationalist MP Jason Azzopardi, one-time lands minister, into a feud as to whether political pres- sure was brought to bear on the process. e cancellation of the lease was formalised in a 3 De- cember 2009 contract for €465,875, a deal that has been attacked in court actions. e garnishee had been filed by VBGL after a Civil Court ordered Marsovin and subsidiary Agrico Ltd to pay VBGL €240,525 in damages for breaches of guaran- tees made in a private writing. at decision is current- ly the subject of an appeal. VBGL tabled three precautionary warrants against Marsovin, each for the sum of €240,525: one garnishee to banks, another garnishee to Cassar-Camilleri Limit- ed, and a precautionary warrant seizing the shares Mar- sovin had in Cassar-Camilleri. e defendant, Marsovin, had requested the revoca- tion of the Cassar-Camilleri share garnishees, pointing out the value of the warrant of seizure already exceeded the amounts being secured: 18,777 out of the 560,111 share capital seized would satisfy the credit, it said. VBGL objected, in view of the fact that Marsovin had not made any deposits under the garnishee, despite the passage of over a year. In a decree from chambers, the Court of Appeal pre- sided by Chief Justice Mark Chetcuti, Mr Justice Gi- annino Caruana Demajo and Mr Justice Anthony Ellul denied the request for the partial revocation of the war- rant over the shares. It said the shares were sufficient to guarantee the cred- it being vaunted by the plaintiff, including costs and interests. erefore, said the court, the request for the revocation of the garnishee notified to Cassar-Camilleri was justified. Appeals Court revokes €240,500 Vassallo garnishee over Lowenbrau case

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