Issue link: https://maltatoday.uberflip.com/i/1385129
maltatoday | SUNDAY • 20 JUNE 2021 19 PARTIES subject to an adminis- trative decision must first avail themselves of the ordinary rem- edies at their disposal before fil- ing for a judicial review before the Courts. This was held in a judgement delivered on 10 June 2021 in Joseph Gheiti u Sansone Cruises Limited -v- L-Awtori- ta ghat-Trasport f 'Malta. The judgement was delivered by the First Hall of the Civil Courts presided by Mr Justice Joseph Micallef. Gheiti in his sworn applica- tion asked the court to find a decision taken by Transport Malta to suspend his licence to operate commercial vessels in September 2012 was ultra vires in terms of Article 469(1) (b)(ii) of the Code of Organisa- tion and Civil Procedure and as such abusive at law. Transport Malta (TM) in its reply by stating that according to Article 469A(4) of the Code of Organisation and Civil Pro- cedure (COCP), this action was not sustainable, since the Plain- tiffs did not use all the remedies at its disposal. Mr Justice Micallef analysed the evidence brought before the Court and saw that the Plaintiffs operate a water taxi and a vessel. The license was suspended because of a number of maritime regulations were not adhered to. The Plaintiffs were given the opportunity to appeal this decision to suspend the licence. Since no appeal was lodged TM informed the Plain- tiffs confirmed the suspension of the licence. The Plaintiffs countered this by arguing that in their opinion the notice of suspension was ultra vires since the suspension had already tak- en place. The Plaintiffs did in fact give notice of appeal, but the appeal was never filed. In September 2012 the Plaintiffs filed a warrant of prohibito- ry injunction and court action against TM. The warrant was turned down and therefore, the suspension took place. The Court considered on whether a judicial review could take place once the appeal was not lodged. Article 469A(4) of the COCP is aimed at limiting the jurisdiction of the ordinary court. The Courts in previous judges such as in Banker Fuel Oil Company Limited v Paul Gauci et decided on 5 October 2001, held that the limitation of the Court's jurisdiction may take place only if the Plaintiff has an effective remedy to chal- lenge the administrative action. Therefore, the keywords here is that the remedy sort must be effective. On the other hand, it must be shown that the party not availing itself of the reme- dy was not capricious in doing so. If this remedy was not made use of, then that party cannot try to make use of judicial re- view. In this case, the Plaintiff were aware of their right to appeal, so must so that their lawyer filed a notice of appeal. Such appeals are heard before the Administrative Review Tri- bunal and then later the Court of Appeal. These facts have convinced the Court that TM's plea is justified and therefore, forcing the Court not the hear the judicial review action. TM did not just suspend the licence but allowed the Plain- tiffs to exercise their right to appeal. Once it noticed that they did not appeal, then they enforced the suspension. The Court then moved to up- hold TM's plea and reject the Plaintiff's claims. LAW CLASSIFIEDS CLASSIFIEDS INFO @MEDIATODAY.COM.MT Ordinary remedies must be used before asking for a judicial review HOLIDAY ACCOMMODATION MARSALFORN, Gozo - holiday apart- ments for short or long lets with magnifi- cent sea-views. Call 21556021, 27556021, 79426883 PROPERTY TO LET XLENDI - catering premises in prime site to let. Can be used for other commercial purposes. Phone 79493021, 79426883, 77481592 or 77484029 PROPERTY FOR SALE SAN GWANN - Close to all ameni- ties and located in the commercial dis- trict 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 terrace overlooking the main street and the back balcony with country views. Although the property is currently being used as offices, there is the possibility of converting to two apart- ments and a penthouse with terrace. The property 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 apart- ments. 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; 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 CASHIER / GENERAL ATTENDANT - Tikka Thai Street Food of Naxxar are seeking the immediate employment, on a part-time basis, of a person with knowl- edge of Thai cuisine, to work as a cashier and to also assist in general restaurant duties, for example explaining to cus- tomers 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 can- didate must also have a clean criminal record. The duties of the chosen candi- date will include handling sales, assist- ing patrons with queries, helping as nec- essary in the restaurant (not cooking). The salary of €5 is being offered to the suitable candidate. Interested candidates are to send their cv by email to padthai- kitchen.malta@gmail.com with the words "CASHIER / GENERAL ATTENDANT" as subject by not later than Wednesday 30th June 2021. CML COMPANY LTD - requires labour- ers, cleaners, waiters, kitchen hands, driv- ers, plasterers, shop assistants, steel fixers and security. All vacancies are on a full- time basis, job entails being competent and responsible. Lower secondary level of education is required and availability to work weekends and public holidays. Attractive remuneration package is avail- able. Interested parties are to apply by sending their CV to email: shawn.carua- na@cscretail.com GARD CATERING COMPANY LTD - currently requires labourers, cleaners, waiters, kitchen hands, drivers, plasterers, shop assistants, steel fixers and securities. Each vacancy is on a full-time basis. The job entails being competent and respon- sible. Lower secondary level of educa- tion is required and availability to work weekends and public holidays is essential. An attractive remuneration is available. Interested parties are to apply by sending their CV to email: gordon@gard.com.mt HR PLUS COMPANY LIMITED - we require labourers, cleaners, waiters, kitchen hands, drivers, plasterers, shop assistants, store assistants, storekeepers steel fixers, security personnel and car- ers. All vacancies are on a full-time basis, job entails being competent and respon- sible. Lower secondary level of education is required and availability to work on weekends and public holidays. Interested parties are to apply by sending their cv to email: info@hrplus.com.mt OZOGROUP LTD - is seeking to recruit an individual to work at as a Logistics Officer. The chosen candidates should speak/write fluently in English. Experience will be an asset. To apply send a detailed CV to careers@ozogroup. com OZOMALTA LTD - is seeking to recruit an individual to work at as a Ticket Inspector. The chosen candidates should speak/write fluently in English. To apply send a detailed CV to careers@ozogroup. com OZOMALTA Ltd - we are seeking to recruit individuals to work as a Public Relations Manager, a Back End Developer and a Front-End Developer. The chosen candidates should speak/write fluently in English. Experience will be an asset. To apply send a detailed CV to careers@ ozogroup.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 ori- entated, smart and flexible for shift work. Email your CV to hr@signal8security- malta.com.mt SNF OPERATORS - we are seek- ing to recruit staff for the positions of Watersports jetty helper. Please send an email on info@sunfunmalta.com 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' expe- rience in a similar post. Must be special- ised in colonic irrigation. For more info please call Village Concept on 99885352. SUSHI CHEF - Padthai Express of Paola is seeking the immediate employment on a full-time basis, of a Sushi Chef. His/ her duties will include choosing the right ingredients on the market, food prepara- tion, and cooking of authentic Japanese food dishes. The ideal candidate should be in possession of the appropriate cater- ing qualifications. In the absence of qual- ifications, a minimum of five years' expe- rience is required, in similar Japanese restaurant working as a chef. A salary of €9,600 per annum is being offered to the suitable candidate. Interested persons are to send their CV by email to padthai- kitchen.malta@gmail.com with the word "Sushi Chef " as the subject, by not later than Wednesday 30th June 2021. THAI FOOD CHEF - Padthai Express of Paola is seeking the immediate employ- ment on a full-time basis, of a Thai Food Chef. His/her duties will include choosing the right ingredients on the market, food preparation, and cooking of authentic Thai Food dishes. The ide- al candidate should be in possession of the appropriate catering qualifications. In the absence of qualifications, a mini- mum of five years' experience is required, in similar Thai restaurant working as a Chef. A salary of €9,600 per annum is being offered to the suitable candidate. Interested persons are to send their CV by email to padthaikitchen.malta@gmail. com with the word "Thai Food Chef " as the subject, by not later than Wednesday 30th June 2021. VIDI LTD – We are seeking the services of bartenders, food servers and kitchen helpers on a full-time basis. Applicants must be Maltese or English speaking. Apply by sending an email to admin@ vidi.com.mt 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