Issue link: https://maltatoday.uberflip.com/i/1482386
maltatoday | SUNDAY • 23 OCTOBER 2022 15 LAW CLASSIFIEDS LAW REPORT MALCOLM MIFSUD Mifsud & Mifsud Advocates 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 BALZAN (L/O LIJA) - direct from own- er a beautiful 3-bedroomed apartment in quiet area, large lounge/living room, separate kitchen/dining room, 2 bath- rooms (1 ensuite), 2 balconies, fully fit- ted kitchen, air-conditioned throughout, plenty of natural sunlight, 9 photovol- taic units, solar heater, tip top condi- tion. Freehold. Priced to sell. €330,000. Contact 99891750. 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 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. SITUATIONS VACANT BAKER - Il-Forn L-Antik Ta' Karmni – are seeking the immediate employment on a full-time basis of a Baker. A salary of €11000 per annum is being offered to the suitable candidate. INTERESTED candidates can send CV by email on: takarmnibakery@gmail. com not late than 02/11/2022. CLEANER/HELPER - Torri Gardens Ltd, Lija requires a cleaner/helper on a full-time basis. The ideal candidate must have previous experience and be ready to work flexible hours. Apply tor- rigardens@gmail.com EXPERIENCED WAITER - required for busy hotel restaurant in Naxxar. Must be fluent in English, be able to work flexi- ble hours including weekends and pub- lic holidays. Min 2 years' experience in similar position. Call +35627988357 for more info - The Village Hotel LTD. RANGER LTD – requesting drivers for heavy goods vehicles. Contact us for fur- ther details by email: godwin@godwins- garage.com or tel: 21377007 SECURIT Y GUARDS - Kingdom Security Malta Ltd requires filling posi- tions as Security Guards. Applicants should be customer care orientated, smart and flexible for shift work. Kindly call on 21413777 THAI STREET FOOD COOK – Padthai Kitchen of Mosta is seeking the immedi- ate employment, on a full-time basis, of 2 Thai Street Food cooks. Their duties will include choosing the right ingredi- ents on the market, food preparation, and cooking of authentic Thai Street food dishes. The ideal candidates should be in possession of the appropriate cater- ing qualifications. In the absence of qualifications, a minimum of five years' experience is required, in a similar Thai restaurant working as a cook. A salary of €9,600 per annum is being offered to the suitable candidates. Interested can- didates are to send their cv by email to padthaikitchen.malta@gmail.com with the words 'Thai Street Food Cook' by not later than Monday 5th November 2022. CLASSIFIEDS INFO @MEDIATODAY.COM.MT A contractual obligation is cre- ated through an agreement that is reached between two or more parties and which must be carried in good faith. Such contractual obligations are binding by law and are subject to enforcement against any party that fails to hon- our them. In a judgment delivered by the First Hall Civil Court in Bolw- erk Limited vs Boian and Melody spouses Mitov as legal representa- tives of Mitov Software LLC pre- sided over by Honourable Madam Justice Joanne Vella Cuschieri and delivered on the 4th October 2022 the Court had to establish if the contractual obligations which were entered into by the parties were observed. The parties had entered into an agreement on 19th July 2014 for Mitov Software LLC to provide Bolwerk Limited a software for prototype gaming table for demonstration purposes by the 1st August 2014 and after- wards provide a fully functional gaming system satisfying all the requirements of the Lotteries and Gaming Authority of Malta by the 1st December 2014 against com- pensation. The plaintiff company claims that the defendant company did not uphold its contractual obli- gations by providing such servic- es as stipulated, whilst receiving payments for such services, out of which the plaintiff company suffered damages due to the bad faith carried out by the defendant company. The defendant compa- ny raised a preliminary plea that the action taken by the plaintiff company should not have been taken against Spouses Mitov as legal representatives of Mitov Software LLC, since Mitov Soft- ware LLC is a registered company with a separate legal personality. This is upheld in Maltese law un- der Article 4(4) of the Companies Act (Chapter 386 of the Laws of Malta) whereby a company has a separate and distinct juridical per- sonality from its members as long as its name is not struck off from the register. The same principle is found under provision 17701.04(a) of the Revised Uniform Limited Liability Company Act of the State of California where Mitov Soft- ware LLC is duly registered. The plaintiff company argued that this action was taken as it alleged that Spouses Mitov act- ed in bad faith as directors of the defendant company. The Court pointed out that from the sworn application it is clear that Spouses Mitov were not sued in their per- sonal capacity, but as legal repre- sentatives of the company and the intention was to sue the company. This led the Court to accept the preliminary plea, declaring Mitov Software LLC as the legitimate de- fendant in the case and liberating spouses Mitov from the obser- vance of the judgment decision. The Defendant Company filed a statement of defence whereby it stated that contrary to what is alleged by the plaintiff company, Mitov Software LLC observed all its contractual obligations since it delivered the gaming system within the agreed timeframe. In addition, following the delivery of the prototype system, the plaintiff company kept changing system components, although their con- tractual obligations were reached. Furthermore, the plaintiff compa- ny failed to test the software pro- vided, although it was advised to do so by the defendant company on several occasions. The plaintiff company also failed to provide the regulations and requirements of the Lotteries and Gaming Author- ity of Malta (LGA). On analysing the evidence, the Court noticed that although the agreement stipulated timelines for the delivery of the prototype and finalised gaming software, clause 2.1.7 of the contract allowed for flexibility on these deadlines. This clause stated that if the services are not rendered by the specified deadlines, Mitov Software LLC will commit by priority and for own account to continue work until these services are rendered. It was further established that whole parts of the documenta- tion and communications that included e-mails, messages and skype conversations between the parties, provided by the repre- sentative of the plaintiff company were left out. Furthermore, the plaintiff company rested its case only on the evidence of one of its directors, without producing the evidence of the other directors, which from the same documen- tation provided, these directors were also involved in the project. The Court remarked that with the reluctance of the plaintiff compa- ny to present the other directors as witnesses, and the contradic- tory manner they testified when brought forward by the defendant company, considers that the wit- ness is not genuine and factually truthful, whilst seriously doubting their credibility. In his sworn declaration, the rep- resentative of the plaintiff com- pany fails to elaborate about the supposed shortcomings of the de- fendant company. Furthermore, the Court notes that from the skype conversations provided by the defendant company, up to the 13th June 2015, the testing of the gaming software for submission to the Malta Gaming Authority was still ongoing between the parties and that at no stage there was any mentioning of breach of agree- ment. It was only on the 22nd June that such statement was made abruptly by the plaintiff company. From the witness of one of the directors brought forward by the defendant company, it also re- sulted that up to March 2015 the plaintiff company was acknowl- edging that the work done by the defendant company was being well conducted and it was even paid it dues. It also transpired that the delays occurred from Decem- ber 2014 to June 2015 were the result of the postponement from the plaintiff company to provide the necessary equipment to test the software. The Court further elaborates that the sworn declarations of the spouses Mitov explain in detail the work and time undertaken on this particular project, which was further substantiated by the sworn declarations of their sub- contractors and corroborated by the documentation presented. Furthermore, the plaintiff society chose not to cross-examine their testimony. Based on the evidence brought forward, the Court does not con- sider that the defendant company did not perform its contractual obligations or that it acted in bad faith. The Court then moved to reject the claims of the plaintiff company while upholding the pleas of the defendant company. Good faith is an essential component of contracts