Issue link: https://maltatoday.uberflip.com/i/1483500
maltatoday | SUNDAY • 6 NOVEMBER 2022 19 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 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. QUOTATION - We would like to request a quotation for 1 in no. store vertical storage terminal for dry pow- ders. Further details including the tech- nical specifications may be request- ed via email on info@eurocemalta.eu. Interested parties may also call on +356 21805278. Quotation is to be provided in Eur (€) by the 15th November 2022. Any quotations received after deadline will not be considered. SITUATIONS VACANT COBRA INSTALLATIONS - a number of vacancies have arisen. Electrician and Plumber or an Electrician and Plumber Assistant (x 2). Experience in elec- trical and plumbing insulations is an asset. Sub-Contractors: Electrical and Plumbing required to work on our pro- jects from time to time. Part Time Office Assistant: required to work in office administration. A knowledge of Word and Excel is a must. All the vacancies salary packages are negotiable depend- ing upon experience. Email a CV on kevin@cobrainstallations or call on 99498033. 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 candi- dates can send CV by email on: takarm- nibakery@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. 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 CLASSIFIEDS INFO @MEDIATODAY.COM.MT IN Motor vehicle collisions, where the claim arises under the Motor Vehicle Insurance (Third Party Risk) Ordinance, the judicial letter shall also be notified to the authorised in- surance. When a motor vehicle claim arises under the Motor Vehicle Insurance (Third Party Risk) Ordinance, the judicial letter must also be notified to the au- thorized insurance. This was stipulated by the Court of Mag- istrates on the 30th May 2022 in the judgement Mike Service Station Limited vs Sam Charles Aquilina. The Court was presided over by Magistrate Victor G. Axiak. The defendant's provides towing services to cars with his recovery truck as his occu- pation. On the 27th Novem- ber 2019, he received a phone call from an employee of Mike Service Station Limited ask- ing him to provide a towing service because there was a truck broken down obstruct- ing the road. Upon arrival, Mr Aquilina discovered that this broken-down truck could not move backwards. He asked the employee whether it had any brakes and the employee replied in the affirmative. The employee advised him to tow it with a rope around the block, while he would sit in inside it and grip the steering. While the defendant was towing the truck, it crashed into the back of his tow truck. As a result, the broken-down truck suffered a number of damages, but the defendant's tow truck did not suffer any damage. Following this accident, the defendant was faced with a bill of expenses, half of which the plaintiff company wanted him to pay. However, the defend- ant claimed that he was not to be held responsible for the ac- cident because the plaintiff's company employee had failed to make use of the brakes in the truck. He advised the plain- tiff company that he would be seeking advice from a lawyer but the company did not hear from him again. Therefore, the plaintiff com- pany decided to file a judicial letter under Article 166A of the Code of Organisation and Civ- il Procedure (COCP) against the defendant to recover their expenses. The Judicial Letter was delivered to the defend- ant, and he was notified, but he failed to contest it, claiming that he could not speak in Mal- tese. Moreover, the defendant pleaded that the plaintiff com- pany failed to send the judicial letter to the his insurance com- pany which is a requirement in Article 166A(3)(e) of the COCP. According to Article 166A(3) (e) of the COCP, where the claim arises under the Motor Insurance (Third Party Risk) Ordinance, the judicial letter shall under pain of nullity be also notified to the authorized motor insurance which shall have the same rights as though it was the debtor. The intention of the legislator when drafting this article was to provide dou- ble protection to the debtor. If the judicial letter is not served upon the debtor's authorized motor insurance company, the creditor may request the rev- ocation of the judicial letter, even if the judicial letter was served upon him. Additionally, the legislator's intention was to protect the motor insurance company's interests by placing them in the same shoes as the debtor, granting them the same rights. In fact, any motor insurance company that is faced with a claim based on an executive title launched against its client according to Article 166A, has the right to request for the rev- ocation of the judicial letter, if it is not notified. With this reasoning, the Court of Magistrates accepted the defendant's plea and de- clared the judicial letter to be null and without effect. The plaintiff company have appealed this decision and the judgement is currently at Ap- peal stage. A judicial letter must also be notified to the authorised insurance in motor vehicle collisions DR IAN BARBARA Mifsud & Mifsud Advocates