Issue link: https://maltatoday.uberflip.com/i/1369939
maltatoday | SUNDAY • 9 MAY 2021 23 The involvement of a third party in a contract of works puts in doubt the juridical re- lationship between the par- ties. This was held in Rasem Al Soulaiman v Marija Caruana, Adrian Busietta and Castel- lo dei Baroni Limited decided on 5 May 2021 by the Court of Appeal presided by Mr Justice Lawrence Mintoff. The case is a debt recov- ery case where the plaintiff askedthe court to order the de- fendants to pay him €5,422.30 for works he had carried out at Castello dei Baroni. In his evi- dence the plaintiff testified that he was engaged to paint, and to lay tiles. The works were carried out together with Arsenio Agi- us of Arsenio Projects. In fact, he gave the quote to Agius and a deposit of €4,000 was given to Agius. There was a balance due for the work which was carried out. The plaintiff admitted that the tiles were stained after a liquid was absorbed. All levels were dictated by defendants. Marija Caruana disagreed that the works were carried out pro- fessionally. She explained that she engaged Agius, but at the time in 2011 and 2012 he was busy and had recommended the plaintiff and other work- men. She was not satisfied with the works. They took too long to complete and her architect picked out a number of defi- ciencies. The defendants' man- ager also pointed out that he re- ceived a number of complaints from guests and from the ca- tering staff on the level of the works. The Magistrates' Court dealt with the pleas raised by the De- fendants. The first plea was that there was no contractual rela- tionship between the parties, since the contract was made with Agius. The Magistrates Court held that the evidence produced concerned more the quality of works carried out than the commercial relation- ship. The Court quoted from Burmarrad Commercial Limit- ed v Desmond Mizzi et decided by the Court of Appeal on 28 February 2007. The Court has to examine the evidence to see whether the parties had a jurid- ical relationship. There was no written agreement and Maria Caruana held that the arrange- ments were made with Agius and not the plaintiff. The plain- tiff held that he had met Maria Caruana and she had asked him for a quote. She only accepted to pay the deposit if Agius was present. The Magistrates Court held that it was convinced that the main contractor was Agius and the evidence showed that the defendants' contractual relationship was with Agius and it did not accept that the agreement was made with the plaintiff directly. Caruana held that Agius had subcontracted the plaintiff to carry out the works. In Edward Sullivan v Paul Mifsud et decided on 11 October 2002 the First Hall of the Civil Court held that a sub- contract does not exonerate the contractor from his responsibil- ities. The Magistrates Court upheld the plea that there was no ju- ridical relationship between the parties and dismissed the plain- tiff's claim. The plaintiff appealed this judgement and complained that the Court was wrong to decide that there was no juridical re- lationship between himself and the defendants. He said it was true that he was introduced by Agius and a meeting was held at Castello dei Baroni. They had discussed the works that had to be carried out and Caruana had asked for a quote. The quote was given by Agius because he knew the defendants well. The plaintiff insisted that the con- tract was between himself and the defendants. The deposit was paid and Agi- us was only a witness. It was the plaintiff that carried out the works. He also complained that there is no evidence of a subcontract. All payments were given to Agius and he then passed on the payment to the plaintiff and this is because both sides trusted Agius. Agius was not involved in the works at all. Caruana had also giv- en instructions directly to the plaintiff and made complaints to him. The defendants rebutted the appeal by saying that the plain- tiff only carried out a part of the works, since the project was larger and Agius was contracted to do all the works. They always discussed these works with Agius, although other workers carried out these works. They pointed out that the quotation was given on Agius's letterhead. The Court of Appeal put em- phasis on an email sent by the defendant to Agius stating "I know you, not the others" and thus showing who the defend- ants considered the contractor to be. The Court also took into consideration that it was Agius who sent the quotation to the defendants. The Court of Appeal agreed with the Magistrates Court that the plaintiff did not have a ju- ridical relationship with the defendants and dismissed the appeal. LAW CLASSIFIEDS CLASSIFIEDS INFO @MEDIATODAY.COM.MT A direct relationship establishes a juridical relationship 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. Two double bedrooms and 1 single bedroom, two bathrooms, lift, double glazing doors and windows. With the option to build up a fur- ther 3 floors. Offers in the region of €310k. Once developed these apart- ments would be a strategic rental invest- ment or resale opportunity. Kindly mes- sage owner on 99201846. NO AGENTS. SAN GWANN - Close to all amenities and located in the commercial district is this 3 storey OFFICE BUILDING. Presently arranged in open plan layout on each floor, complimenting this there are a number meeting rooms. Each floor has a balcony and toilet facilities, with the 3rd floor having a front ter- race overlooking the main street and the back balcony with country views. Although the property is currently being used as offices, there is the pos- sibility of converting to two apartments and a penthouse with terrace. The prop- erty is being offered freehold. Asking price: €760,000. Call on:79899838. 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 bed- rooms 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; double glazed windows; inverter air conditioners including solar water heat- er. 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 BUS DRIVERS - Oasis Travel and Tourism Ltd are seeking for bus drivers. Kindly send your CV on philip@oasis- toursmalta.com DELIVERY/DISPATCH DRIVERS – a vacancy has arisen for trustworthy and polite individual to fill the full-time/ part time position of delivery driver. EU/TCN Candidates are welcome to apply but must be residing in Malta. Salary for full time is between €800 - €1500 per month and part time €300 - €500 per month. Appointments sched- uled every day after 4 pm. Email us on: smartdesign.mt@gmail.com FULL-TIME TILER/ TILE LAYER – we require the services of a Full-Time Tile Layer/Marble Layer Masters with 5 year experience. Main roles and responsibili- ties include tiling floors with a variety of tile materials and/or marble, setting and constructing of tiles to walls, facades and other surfaces according to the design and specifications. Salary ranges from €800 to €1,200 per month. Kindly send a CV to mtcleanwell@gmail.com NERIKU CONFECTIONERY LTD - is recruiting the following positions: Cleaner, Demi Chef De Partie - Pastry, Demi Chef De Partie, Chef De Partie, Sous Chef, Junior Sous Chef, Commis Chef, Assistant Pastry Chef , Logistics Assistant, Store Keeper, Kitchen help- er, Food and Beverage Server and Dishwasher . Applicants must be English and/or Maltese speaking and ready to work weekends / evenings. Apply by email sales@neriku.com OZOMALTA Ltd – we are seeking to recruit individuals to work at as: alu- minium façade masters, food & bever- age attendants, housekeeping attend- ants and labourers. We also require carers that hold the certificate of care worker – MQR Level 3 and drivers who hold a driving licence category A1, B, C or C1 and a valid CPC certificate. All the vacancies require the applicant to speak/write fluently in English. To apply send a detailed CV to careers@ ozogroup.com PL A ST E R E R S AND GYPSUM INSTALLERS - Pro Finishes Ltd of Swieqi, are seeking the immediate employment on a full-time basis, of persons skilled in plastering and in gypsum installations. The ideal candi- date should in possession of the appro- priate qualification's relation to gypsum assembly, construction works, plaster- ing and painting. In the absence of qualifications, three years of experience are required, in gypsum assembly, con- struction works plastering and paint- ing. A salary of €12,000 per annum is being offered to the suitable candidates. Interested candidates are to send their CV by email to info@profinishesltd.com by not later than 15th May 2021. SIGNAL 8 - Signal 8 Security Malta Ltd. requires filling positions as Customer Care Clerks, Security Guards, security for places of entertainment and clean- ers. Applicants should be customer care orientated, smart and flexible for shift work. Email your CV to hr@signal8se- curitymalta.com.mt 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' experience in a similar post. Must be specialised in colonic irrigation. For more info please call Village Concept on 99885352. WANTED COLLECTIBLE items such panini albums and loose stickers, old postcards and posted envelopes, medals, militar- ia, coins and paper money, books, toys, stamps, badges, paintings, gold & silver items etc. Call on 21310238, 99246632. LAW REPORT MALCOLM MIFSUD Mifsud & Mifsud Advocates