Issue link: https://maltatoday.uberflip.com/i/1424528
maltatoday | SUNDAY • 31 OCTOBER 2021 19 LAW CLASSIFIEDS HOLIDAY ACCOMMODATION MARSALFORN, Gozo - holiday apartments for short or long lets with magnificent 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 SAN GWANN - Close to all amenities and located in the commercial district is this 3 storey OFFICE BUILDING. Presently arranged in open plan lay- out 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 coun- try views. Although the property is currently being used as offices, there is the possibility of converting to two apartments and a penthouse with ter- race. 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 apartments. Two double A/C bed- rooms and 1 single A/C bedroom, two bathrooms, lift, double glazing doors and windows. Direct from own- er €350k inquire on 79402244. TARXIEN - Larger than usual first floor duplex maisonette. Three bed- rooms; double glazed windows; invert- er air conditioners including solar water heater. Being sold furnished. Own airspace with possibility of fur- ther 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 AJ ENTERPRISES LTD - We are seek- ing the services of Labourers on a full-time basis. Applicants must be Maltese & English speaking and have a minimum of 1 year experience in Aluminium & PVC works. Apply by sending an email with your CV to info@ajenterprises.eu DRIVER - RVC LTD are searching for an experienced Truck/Lorry Driver with a CE Licence. This job requires operating truck with crane arm and folk-lifters, routine inspections and maintenance on vehicles, preparation of equipment for site, loading and delivering to and from required loca- tion and assisting in warehouse duties. Good command of English is essential. Full time (flexible hours). Interested applicants are to send their CV and covering letter to: info@rvcltd.com.mt KITCHEN HELPER - Made in Sicilia Restaurant are seeking to employ a Kitchen Helper on full time basis. Experience and Italian language is required. Interested persons are invit- ed to send their CV via email: vincen- zadiliberto.81@gmail.com by not later than 4th November 2021. No agencies please. M&E DRAUGHTSPERSON - RVC LTD are searching for full-time skilled Draughtsperson on AutoCAD with sound knowledge on Building Services Installations. The candidate must have B Driving License. This job requires detailed work on AutoCAD in order to analyse, alter, produce shop draw- ings and as-fitted drawings. Technical education and excellent written and verbal English are essential. Interested applicants are to send their CV and covering letter to: info@rvcltd.com.mt PL A ST E R E R AND GYPSUM INSTALLERS - Xuereb Installations Ltd of Tal-Hlas Road Qormi are seek- ing the immediate employment, on a full-time basis, of persons skilled in plastering and in gypsum installa- tions. The ideal candidate should be in possession of the appropriate qual- ifications related to gypsum assem- bly, construction works, plastering and painting. In the absence of qualifica- tions, 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 candi- dates. Interested candidates are to send their CV by email to xil@xuerebinstall. com by not later than 6th November 2021. ROOM ATTENDANT - required to work in a luxury boutique hotel in Naxxar. Full-time, flexible hours on a roster system. Must be fluent in English. Call: 99885352 for more info. 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@sig- nal8securitymalta.com.mt STEEL FIXER - required full time to work 6 days a week at a minimum wage, experience required, must speak fluent English, interested? Call Danijel 77620902. TONY & GUY – we are recruiting staff as junior hairdressers and col- our technicians. Please apply with C.V. to info @toniandguy.com.mt.249, Rue D'Argens Gzira. Tel: 21338264 - 21310020 VACANCY - we are looking for a hard-working person to work in an ICE Factory in temperatures of -30 degrees Celsius. Minimum wage from Monday to Sunday with 2 days off. If you are interested, please contact own- er on: sales@godwinsdiamondice.com WANTED COLLECTIBLE items such panini albums and loose stickers, old post- cards and posted envelopes, medals, militaria, coins and paper money, books, toys, stamps, badges, paint- ings, gold & silver items etc. Call on 21310238, 99246632. Authorities cannot reply mere- ly on third party complains when it revokes decisions it had previous taken. This was held by the Court of Appeal, presided by Mr Justice Lawrence Mintoff on 20 October 2021 in Joseph Borg -v- Awtorita ghat-Trasport f'Malta. The appeal was lodged by Aworita ghat-Trasport f'Malta following a preliminary decision and the main decision of the Ad- ministrative Review Tribunal. THE case concerns road mark- ings at the side of a garage, which is next door to Borg's residence. In 2013 Transport Malta allowed that a 3.25m dou- ble-yellow line be placed on the left of the garage. In 2019 Trans- port Malta reconstructed the street. These lines were repaint- ed, however, later they were re- moved. The consequence was that Borg could not take out ve- hicles nor go in the garage. The preliminary decision of the Tribunal concerned wheth- er the Tribunal had jurisdiction to hear this case. According to Article 5 of the Administrative Justice Act examined adminis- trative decisions of administra- tive boards, as long as they do not fall under judicial review under the Code of Organisation and Civil Procedure. The Tri- bunal disagreed with this inter- pretation and held that it has a wide function of examining all administrative decisions. The Tribunal argues that there was a decision in July 2019 for the 3.25 meters to be removed from the side of the garage, which de- cision was implemented by the Haz-Zebbug Local Council. The Tribunal saw that the TM has the responsibility of look at the interests of all concerned, how- ever, with its decision it made it impossible for Borg to make use of the garage. The Tribunal upheld Borg's re- quest and held that TM should not have ordered the removal of the road markings. TM ap- pealed the preliminary decision and the final judgement and the Court of Appeal dealt with each of the grounds of appeal. The first ground of appeal con- cerns whether the Tribunal was competent to decide this case. TM explained that in December 2013 it did not object to the road markings at the side of Borg's garage. TM insists that this was a direction and not an authori- sation and therefore in 2019 it did not revoke any authorisation or licence in terms of Article 40 of the Transport Malta Act. It merely changed its direction it had given. Borg argued that the road markings were removed with- out being informed or consult- ed. The Court of Appeal agreed with the Tribunal. The Tribunal pointed out correctly that the law wanted that the Tribunal to examine administrative acts. The Tribunal is authorised to listen to complaints against de- cisions taken by TM in terms of Article 40(1) of the Malta Trans- port Authority Act. The Tribu- nal was correct to investigate this particular complaint. On the merits of the case TM appealed on the ground that the Tribunal did not take into con- sideration of its administrative authority. Access to a garage is regulated in Clause 5.3 of guide- lines. This dictates access should be comfortable for one to use. Borg's building permit allowed a garage for private cars. TM held that the garage was never intended for the use of heavy vehicles and therefore there was no legal obligation to authorise the double yellow lines. When in 2013 TM allowed 3.25 me- ters on one side and 1 meter on the other this was subject to not prejudicing third party rights. On the other hand Borg held that the guidelines are irrelevant to the case, in that the real issue is that the Authority ordered the removal of the lines without any consultation. The Court of Appeal again agreed with the legal reasoning of the Tribunal, as the Author- ity's decision was subjective and depended on a complaint of a third party. This was confirmed in the testimony of a TM official. The Court held that the Tribu- nal's decision was not allowing an illegal situation to carry on, because it was TM that agreed to allow 3.25m markings. The Court then moved to re- ject the appeal. Administrative decisions cannot be revoked without consultation LAW REPORT MALCOLM MIFSUD Mifsud & Mifsud Advocates CLASSIFIEDS INFO @MEDIATODAY.COM.MT