Issue link: https://maltatoday.uberflip.com/i/1479276
maltatoday | SUNDAY • 18 SEPTEMBER 2022 15 LAW CLASSIFIEDS THE general principle of con- tract of works is that if the works are carried out, then payment must be affected. This was held by Mr Justice Lawrence Mintoff presiding over the Court of Appeal in Crystal Clean Limited -v- Ap- parea Limited decided on 14 September 2022. The appeal followed a deci- sion by the Small Claims Tri- bunal. The appeal was lodged by Apparea Limited, as the Tri- bunal found in favour of Crys- tal Clean. It ordered Apparea to pay €2110.31 for a number of services including cleaning services. Apparea had defended the case by stating that Crystal Clean failed to give an ade- quate cleaning service or else the service was not even given, The Court analysed the Tri- bunal's decision. The case depends on a con- tract of works between the parties in terms of Article 1623 of the Civil Code. Case law al- low two types of contracts of works. There is location operarum and location operis. The Court quoted from Pro- fessor V Caruana Galizia's writing published: "The "locatio operarum" may be defined as that contract in virtue of which a person (the lessor) binds himself towards another (the lessee) to perform a certain work or service, for a specified time and in return for a specified salary. The "lo- catio operis" may be defined as that contract whereby one of the parties (the lessor) binds himself to do a specified piece of work ("opera"), or to have it done for the other party (the lessee) in return for a specified salary. »")". This was echoed in other judgements such as Saviour Caruana -v- Vincent Farrugia et delivered on 17 November 2003 by the First Hall of the Civil Court. In Nutar Dr Remigio Zammit Pace -v- Sunrise Park Hotel Limited, decided o 20 Novem- ber 2009 by the Court of Ap- peal, the general principle is that a person must be reward- ed for the work carried out. Apparea's defence is that the works were not carried out well. The directors of both companies testified that obvi- ously gave their subjective out- look at what had happened. However, it is Apparea who has to prove that the works were not carried out. This was held in Elena Agius -v- Gi- useppe Clancio noe decided on 31 July 1939 and in Emanuel Ellul et -v- Anthony Busuttil decided on 7 May 2010 by the Court of Appeal. Apparea asked the Court of Appeal to revoke this decision. The first ground of appeal what that Crystal Clean did not manage to prove the case. Apparea said that it was meant to be given timesheets of Cystal Clean's employees, which had to be countersigned. This would allow the compa- ny to pay for the services deliv- ered. Without the timesheets there was no measure of verifi- cation. Copies were made. However, Crystal Clean did not present these timesheets in the action they had filed. Apperea argued that this was objective evidence on whether the works were preformed or not. However, the Court of Appeal agreed with the Small Claims Tribunal. The managing director of Crystal Clean Limited ex- plained that the timesheets were used also by the employ- ees for them to be paid. The sheets were not counter- signed because there was no one from Apperea to be able to sign on these sheets. Apperea had a contracts manager who controlled, and he confirmed that these sheets although given to him, he did not sign. Therefore, the Appellant Company could not insist that the signed timesheets, when these sheets were not signed. It was therefore, Apparea which was responsible to make its verification and if it did not therefore, it would not with- hold payment. The next ground of appeal is that the services were not done according to professional standards. The Tribunal did not find that standards were dropped by the Plaintiff Company. The Appellant Company held that the Tribunal failed its rea- soning. The Court of Appeal agreed with the Tribunal again. 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