Issue link: https://maltatoday.uberflip.com/i/1473504
maltatoday | SUNDAY • 17 JULY 2022 15 LAW CLASSIFIEDS THE Court may ask a debt- or to pay an invoice which is not addressed to him or her, on the ground that he would have benefitted from the ser- vices rendered. This was held in Av. Malcolm Mifsud a nom u in rapprezentanti ta' l-assen- ti Jakob Famme f 'ismu propju u f 'isem organizazzjoni li jig- gestixxi Event Travel.dk, f limk- ien mas-socjetajiet Famme Creative Consult APS u Sports Events Aps registrati Danimar- ka -v- Caluno iGaming Consult- ing Limited u Bethard Group Limited on 12 July 2022. The Court was presided by Mr Jus- tice Francesco Depasquale. The Plaintiff filed a sworn ap- plication wherein they explained that they had offered services to the Defendants concerning i-gaming projects. The Plain- tiffs were collectively owed €131,944.81 and asked the court to order them to pay. Bethard filed a statement of defence wherein they held that they have no juridical relation- ship with the Plaintiffs. The invoices were in the names of Caluno or Henrik Olsson and Olsson had no authority to rep- resent Bethard. Bethard further claimed that even travel.dk does not exist and also the claims were made in bad faith. Caluno pleaded that the servic- es provided were in fact provid- ed to Bethard. A number of witnesses pre- sented their affidavits and were cross examined. From the evi- dence produced it results that Jakob Famme offers services to i-gaming companies for the Danish market. Famme and Caluno entered into a Joint Ven- ture Agreement in order to work in the Danish market. Famme claimed that he offered a num- ber of services but it was not paid. Bethard had paid Famme a previous invoice of €45,000, though another company World Class Services. In fact World Class Services filed an action against Caluno and won a case against the company. Caluno and Bethard had entered into a Joint Venture agreement. In this agreement another compa- ny had to be incorporated with the name BHGDK Limited. This company was never incorpo- rated. The Joint Venture was intended to offer gambling ser- vices in Denmark. Olsson, Calu- no's sole director was also an employee of Bethard. Since the Denmark project did not take place, the Joint Venture Agree- ment was cancelled and Olsson's employment was terminated. The Court dealt with wheth- er Bethard was the rightful de- fendant in this action, since Olsson never had any authority in Bethard. The Court held that from the evidence produced, although there was not writ- ten contract between Famme and Bethard, Famme was a long-standing service provider to Bethard. Although the invoices were not addressed to Bethard, these ser- vices were given to Bethard. This was corroborated by a number of witnesses. Bethard had paid pre- vious invoices through another company World Class. There- fore, the Court could not accept that Bethard had no relationship with Famme. It quoted a previous judgement Korporazzjoni ghas-Servizzi tal-Ilma noe -v- Emanuel Grixti decided by the Court of Appeal on 10 January 2007 where the court held that there are obliga- tions to give or do or not to do. This can be restrictive or consid- ered to be wide. In another judgement Salvu Fenech noe -v- Karl Bonello de- cided by the Court of appeal on 3 October 2007 juridical relation- ship can be an act or a multitude of acts aimed at producing a ju- ridical effect between two sub- jects. In this case, the fact that Bethard does not want to pay these invoices does not mean that there is not juridical rela- tionship between the two. Al- though there is no written agree- ment, there is a relationship between Bethard and Famme. Bethard had benefitted from the services Famme gave, and which Olsson, who was Bethard's em- ployee had instructed Famme to carry out. The Court rejected this plea. As to Caluno, there was a con- sultancy agreement between the company and Famme. This agreement made reference to the Joint Venture Agreement between Caluno and Bethard. Caluno could not be excluded from this arrangement. Olsson has instructed Famme to issue the invoices to Caluno. As to the invoices subject to this claim, the Court comment- ed that these invoices refer to services rendered and nobody had contested that these servic- es were in fact given. These ser- vices were aimed at promoting Bethard in Denmark. Olsson was Bethard's employee and Bethard had paid previous invoices on his request. The Court held that the Joint Venture between Caluno and Bethard had taken place upon signing the agreement, although it was not yet executed. Bethard had profited from this activity. The Court further held that the case World Class filed against Caluno, which was decided be- cause Olsson did not file a state- ment of defence has not bearing on this case. As to the invoices, the Court split them into two categories. Those which referred to activi- ties and those which referred to the consultancy agreement. The two invoices referring to the ac- tivities amounted to €62,220 and these are to be paid by Bethard. The consultancy invoices of €30,000 are to be paid by Calu- no. There is another invoice re- ferring to a Loan with 5% in- terest addressed to Olsson of €39,724.81, and since Olsson is not a party to the action, then the Court did not award this amount. Court can ask debtor to pay invoice not addressed to him when services are rendered LAW REPORT MALCOLM MIFSUD Mifsud & Mifsud Advocates HOLIDAY ACCOMMODATION M A R S A L F O R N , G oz o - hol i d ay 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. 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