Issue link: https://maltatoday.uberflip.com/i/1428470
maltatoday | SUNDAY • 14 NOVEMBER 2021 19 LAW CLASSIFIEDS 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 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 terrace over- looking the main street and the back bal- cony with country views. Although the property is currently being used as offic- es, there is the possibility of converting to two apartments 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 con- ditioners 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 SPARKLE SERVICES LTD for domestic and commercial cleaning services Call 79707734 SITUATIONS VACANT MASSAGE THERAPIST - Siam Wellness Centre located in St. Julian's is currently seeking a Thai Massage Therapist for immediate employment. Three years' experience is essential. Good sala- ry for the right applicant. Kindly send us detailed CV by email to: rmbt051@ gmail.com 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@signal8se- curitymalta.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. TONI&GUY - Are recruiting staff as receptionist and accounts clerk/cash- ier. Also hiring manicurists and beau- ticians. Please apply with CV @ info@ toniandguy.com.mt TONI&GUY - 249, Rue D'Argens Gzira. Contact: 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 owner on: sales@godwinsdiamondice.com 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. DAMAGES caused by a in- competent contractor, will be charged to the party who en- gaged that contractor. This was held in a Court of Appeal judge- ment on 5 November 2020 in Lu- cia Fenech -v- Christopher Fren- do and Y Projects Limited called into suit. The Court of Appeal was pre- sided by Mr Justice Lawrence Mintoff. The appeal is following a judgement delivered by the Small Claims Tribunal, which upheld the pleas submitted by Y Projects, after it had been called into suit. The Tribunal turned down the pleas raised by the defendant and upheld the claims of Lu- cia Fenech, where the defend- ant was ordered to pay Fenech €1617.76. This represented damages caused to Fenech's skylight and air conditioner, following works carried out in the defendant's apartment. The defendant, Frendo, held that Fenech's claims were time barred in terms of Article 2153 of the Civil Code and that the claim is excessive. The Tribunal held that the Small Claims Tribunal Act al- lows that a measure of equity be applied. Both Frendo and Y Projects are claiming that the action is time barred of two years under Article 2153 of the Civil Code. The Tribunal pointed out that Frendo & Y Projects have dif- ferent legal positions from each other the Tribunal In Frendo's statement of defence, he de- fended the case stating that the claim was excessive. There is caselaw which state that this plea and the plea of prescription are incompatible. One cannot argue that the ac- tion is time barred and then argue at the same time that the amount sought is excessive. This was held by the Court of Appeal in Guido J. Vella v Dr Emanuel Cefai decided on 5 October 2001. The plea that the claim is ex- cessive is in itself admitting that an amount is due. The damages took place in 2014, however Y Projects were involved in the case in 2019. In between there was no interrup- tion of the prescription period and therefore the two-year pe- riod had elapsed. As to the merits of the case in 2014 the applicant had seen that a large rock had passed through his skylight and caused damages. They noticed that the air conditioner unit was also damaged. The evidence showed that Frendo had spoken to Fenech and told them that the contrac- tor will carry out the remedied works. The Fenechs had to do the work because of some issue with the access to the property from third parties. Frendo had testified that he was not accepting responsi- bility because the contractor had carried out the works and caused the damages. The Tribunal in its decision held that it is convinced that was the Defendant's fault and had tried to shift the blame to the company. The company showed that its workers were not the workers on the defendant's property and there were other contractors working on the same property. The Court of Appeal, presid- ed over by Mr Justice Lawrence Mintoff, dealt with the ground of appeal presented by Frendo. The Defendant pointed out an email exchange with Y Pro- jects who accepted to change the skylight and therefore, the company is legally responsible for the damages. The company repeated that is not responsible for the damages of the skylight and air condi- tioner. As to the email exchange, the company explained that it was engaged to fix the skylight by Frendo and not an admission. It was Frendo who asked the com- pany to handle the works. The Court complemented the Tribunal for identifying the correct articles of law and the correct issues at law. The Court held that Article 1037 of the Civil Code is pivotal in deciding the issues at hand, which reads: "Where a person for any work or service whatsoever employs another person who is incompetent, or whom he has not reasonable grounds to con- sider competent, he shall be lia- ble for any damage which such other person may, through in- competence in the performance of such work or service, cause to others." The Appellant, Frendo, tried to convince the Tribunal that the damages were not caused by him and the persons who he en- gaged were competent, howev- er, he also attempted to blame the company for these damages. The Company did not have any of this and held that it was nor responsible. The Court pointed out that Frendo had admitted that he engaged Y Projects because it was carrying out works in his property. Y Projects held that it was going to be paid by Frendo for these works. Furthermore, it was estab- lished that the company's em- ployees were not the only work- ers on the site. As a matter of conclusions the Court agreed with the Tribunal and dismissed the appeal. If you engage an incompetent person, you are responsible for damages caused LAW REPORT MALCOLM MIFSUD Mifsud & Mifsud Advocates CLASSIFIEDS INFO @MEDIATODAY.COM.MT