Issue link: https://maltatoday.uberflip.com/i/1464865
maltatoday | SUNDAY • 17 APRIL 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 SAN GWANN – Ironmongery as a going concern. Key money plus daily rent. For further information kindly contact 99474953. 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 balcony with country views. Although the property is currently being used as offices, there is the possibility of con- verting to two apartments and a pent- house 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 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 AMR CONSULTANTS is looking for specialized lawyers in environmental law with emphasis on corporate social responsibility on a full-time basis. Lawyers must have a minimum of 3 years of experience in a company or law firm. Advanced English level and flu- ent Spanish language is a must. Main duties involve Due diligence and envi- ronmental audit, legal advice related to environmental legal aspects and cor- porate matters and the design of CSR strategy along with business objectives among others. One year contract, sala- ry €1500-€1800 per month depending on the specific profile and experience. Contact number +356 99712567 or send your CV to dcadena@amrconsultants.eu ASIAN PALACE CATERING LTD - vacancies available for a part time as waiter/waitress for 20 hours week- ly these hours include weekends and public holidays. Phone 27811888 or 99504694. CASHIER & ASIAN PRODUCT SPECIALIST – TN Enterprise Limited (Grab and GO Asian Food Market) the Asian store online. We are now selling Asian food products in store and are seeking to employ with immediate effect on a full-time basis. Applicants must have a technical knowledge of Asian goods and be able to sell in the store also to act as cashier and have a knowl- edge of stock management and custom- er support. Applicant must be able to suggest solutions and have initiative on new potential products for the business. Interested applicants must also be fluent in written and spoken english plus Thai or Chinese. Kindly apply by sending your CV to: tn.info.malta@gmail.com 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 pub- lic holidays. Own transport is also need- ed. Please call 99885352 The Village Kitchen Ltd for more info. FOOD KINGDOM LTD – we have vacancies for a part time waiter/wait- ress for 20 hours weekly. Also, there are vacancies for a restaurant cashier, Asian Food Chefs and Sushi Chefs. A full-time position is available for a Restaurant Manager. Hours include weekends and public holidays. Phone 27833888 or 99504694. LABOURERS – Easy Pool Co. Ltd is looking for full-time specialised labour- ers to work on various construction sites in Malta & Gozo. At least 2 years' previous experience is required. An attractive remuneration package will be offered to the selected candidates. Interested applicants are to send their CVs to e.pool.benessere@gmail.com MES SOLAR DISTRIBUTION LTD - has a vacancy for a manager. Applicants must have a minimum of five years' technical working experience in pho- tovoltaic products. Fluently speaking English, French and Arabic. Monthly rate from Eur1500.00. Interested appli- cants may send email to wafa.charrada@ ifrisol.solar. 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. The jurisdiction of Tribunals are found in special law and if not found in the law, then the courts should adopt their general jurisdiction of the case before it. This was held in Corporate & Commercial FX Services Limited -v- Satabank plc decided by the First Hall of the Civil Courts presided by Judge Miriam Hayman on 1 April 2022. Satabank had filed applica- tion in order for this case for damages be transferred to the Appeals Board regulated by the Controlled Company (Procedure for Liquidation) Act, chapter 383 of the Laws of Malta. Corporate & Commercial FX Services Limited (CCFX) ob- jected to this. Article 13 of the Controlled Company (Procedure for Liq- uidation) Act reads: "13. All cases and claims pending before the Civil Court, First Hall, and being cases and claims against the Controller of a controlled asset in respect of which an order for liquida- tion under this Act has been made, shall be transferred to the Appeals Board and shall continue to be heard and de- termined by such Board: 5Provided that nothing con- tained in this Act shall detract from the jurisdiction of the Court of Appeal to continue to hear any case pending be- fore it: Provided further than the Controller shall have the pow- er to refer any matter to arbi- tration under such terms and conditions as he may deem fit, and any matter so referred, as well as any matter referred to arbitration prior to the com- ing into force of this Act, shall be heard and decided by and in accordance with the terms of reference to arbitration not- withstanding the provisions of this Act." CCFX argued that the case before the court is purely a damages case, after the bank took certain actions against the company. These actions brought about loss of prof- its. The company argued that the action does not fall un- der those incidents which the law provides for the case to be transferred to the Appals Board. Article 10 of the Act lists the following: "10.(1) The Board shall have the sole and exclusive juris- diction to hear and determine: (a) any appeal made from any determination of any claim by the Controller; (b) any claim made by the Controller against a third par- ty including any claim for the delivery of any property held by third persons; (c) any matter related to, or arising from, the report and scheme of distribution pub- lished by the Controller; (d) any claim made against any Controller arising in whatsoever manner from the administration and liquida- tion of any assets under his control. (2) The Board shall also have the sole and exclusive jurisdiction to enforce any de- cision made by it as well as any judgment delivered by a com- petent court in Malta against the Controller" The Court quoted a previous case Dr Michele Martone pro et noe -v- Raymond Gatt noe, decided on 12 March 2007. In this judgement the Court held that Tribunals have jurisdic- tion from special law. Article 10 of the Controlled Company (Procedure for Liquidation) Act lists the powers of the Board of Appeal. The Chair- man of the Board must be a lawyer with 12 years' experi- ence. This list found in Article 10 is complete and cannot be increased. Cases found in Ar- ticle 10 are the exclusive juris- diction of the Board of Appeal, if not then it is in the hands of the court. The case before the court does not lie within one of the cases mentioned in Article 10. The plaintiff company is ask- ing the court to order the bank to release fonds in its account and that the damages caused because the authorities sus- pended the bank's activities. Therefore, the plaintiff com- pany is seeking damages for negligence. The Court turned down the case. Tribunals are set up by special laws LAW REPORT MALCOLM MIFSUD Mifsud & Mifsud Advocates CLASSIFIEDS INFO @MEDIATODAY.COM.MT