Issue link: https://maltatoday.uberflip.com/i/1450614
maltatoday | SUNDAY • 13 FEBRUARY 2022 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 SITUATIONS VACANT ASIAN PALACE CATERING LTD - We require [SUSHI CHEF] & [ASIAN FOOD CHEF] to work on full time from Monday to Sunday with one day off with our Asian Palace Catering limited of Paceville St Julians with 4 Years' experi- ence. Phone27811888 or 99504694. CLEANER - to work full time on a ros- ter in a busy restaurant in Naxxar. Must be fluent in English, flexible with hours and be able to work weekends and public holidays. Own transport is also needed. Please call 99885352 The Village Kitchen Ltd for more info. FOOD KINGDOM LTD - located in Balluta St Julians has vacancies for an ASIAN FOOD CHEF to work full time 6 days a week with one day off, must be able to work on Sundays & Public hol- idays. Also required is a full time and a waiter/waitress. Call on 99504694 / 27833888 for further information. FOOD KINGDOM LTD - located in Balluta St Julians has vacancies for a SUSHI CHEF to work full time 6 days a week with one day off, must be able to work on Sundays & Public holidays. Also required is a full time and a waiter/ waitress. Call on 99504694 / 27833888 for further information. JUFU ASIAN RESTAURANT – we are seeking to employ a cleaner, waiter/ waitress, Asian food chef & a restaurant manager. A minimum of 3 years' expe- rience is essential. Contact 99027608 or email on: huxihuan88@hotmail.com LIVE-IN CARER - We are seeking to recruit a live-in carer, who will be employed on a full-time basis to take care of an elderly couple. Candidates must speak fluent English and/or Maltese; be in possession of a Carer Certificate (Level 3 MQF or the equiv- alent); and have 3 or more years of experience as a home-based carer. The selected candidate will be required to provide care and help in daily activi- ties, including: shopping, cooking, daily cleaning, assistance with personal care and hygiene, and administration of med- ication. Salary offered will be between 12,000 and 14,500€ per annum, depend- ing on experience. Applicants are to submit a letter of application by email addressed to Victor Caruana Colombo c/o camilleri.katrine@gmail.com, of 67, Depiro Street, Sliema, with a recent police conduct certificate, Curriculum Vitae, and the names and contact details of two referees by not later than 7th February 2022. ROOM ATTENDANT - required to work in a luxury boutique in Naxxar. Full time, flexible hours on a roster system. Must be fluent in English. Call The Village Hotel Ltd on 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 STUDY FIRST EUROPE - is looking to hire a sales agent fluent in English, Moroccan and French to join their team on a full-time basis. Interested persons are invited to send their CV via email to marie-kristin.fischer@studyeurope.com by not later than 21st February 2022. TEAM FIRST EUROPE - are looking to hire a Digital Marketing Manager with an accountancy background on a full-time basis. Interested persons are invited to send their CV via email to accounts@teameuropeltd.com by not lat- er than 21st February 2022. Experience is required. No agents please. 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 choos- ing the right ingredients on the mar- ket, food preparation, and cooking of authentic Thai Food dishes. The ideal candidate should be in possession of the appropriate catering qualifications. In the absence of qualification, a minimum 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 candi- date. Interested persons are to send their CV by email to padthaikitchen.malta@ gmail.com with the words "Thai Food Chef " as the subject, by not later than Sunday 13th February 2022 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. CIVIL Procedure allows Maltese courts to take cognisance of le- gal issue even though a written agreement may say otherwise. This as held in Seagull Maritime Security Limited -v- Unitaf PTE Limited et decided on 26 January 2022 by the First Hall of the Civ- il Court presided by Mr Justice Francesco Depasquale. The Plaintiff company filed a sworn application in which it explained that it entered into an agreement with the Defend- ant company to provide securi- ty services for a particular ship between August and October 2019. The Plaintiff company issued a number of invoic- es amounting to USD19,200, which remained unpaid, and it asked the Court to other the Defendant company to pay these invoices. The shipowner Panamanian company held that the agree- ment was between Seagull Maritime Security Limited and Unitaf PTE Limited and there- fore, it was not involved in this transaction. The Court held that the parties to this case had made use of a BIMCO standard form contract. Clause 19 of this contract there is written that if there is a dispute between the parties it should be referred to London arbitration. The Court, therefore, examined whether it has jurisdiction to hear the case. Article 742(3) of the Code of Organisation and Civil Procedure reads: "(3) The jurisdiction of the courts of civil jurisdiction is not excluded by the fact that there exists among the parties any arbitration agreement, whether the arbitration pro- ceedings have commenced or not, in which case the court, saving the provisions of any law governing arbitration, shall stay proceedings without prejudice to the provisions of sub-article (4) and to the right of the court to give any order of direction." Camilleri -v- Zammit noe decided on 4 May 1998 by the Court of Appeal, dealt with this article of law. It held that this article assures that the Mal- tese Courts are not excluded simply because there is an ar- bitration clause in the parties' agreement. The Court would be able to decide on the validi- ty of the contract and to decide on whether the contract may be executed. Article 742(3) is not intended to neutralise ar- bitration clauses, but to make sure that the Court may regu- late on how these clauses may be adopted. The Court pointed out that the Plaintiff company is a Mal- tese registered company, and that the Defendant company is in default, because it did not file a statement of defence. The Court held that there is no dispute registered between the two companies, but the claim concerns unpaid invoic- es. There was nothing stopping the parties informing the court that they prefer to go to Lon- don arbitration; however, the Defendant companies did not communicate with court. The Plaintiff is free to bring the issue before the Maltese civil courts. With regard to whether the other Defendant company Cy- press Maritime (Panama SA) is the correct defendant, the Court held that the BIMCO contract indicates this compa- ny as the ship owning compa- ny and Clause 7 states that the owner is responsible to pay all invoices. The Court held that both defendant companies are jointly responsible to pay the sum due. The Court then moved to or- der the defendant companies to pay the Plaintiff company USD19,200. Maltese courts have jurisdiction irrespective of jurisdiction clause LAW REPORT MALCOLM MIFSUD Mifsud & Mifsud Advocates CLASSIFIEDS INFO @MEDIATODAY.COM.MT