Issue link: https://maltatoday.uberflip.com/i/1487299
maltatoday | SUNDAY • 4 DECEMBER 2022 15 LAW CLASSIFIEDS HOLIDAY ACCOMMODATION MARSALFORN, Gozo - hol- iday 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 commercial purpos- es. 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 apartments. 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 condi- tioners including solar water heater. Being sold furnished. Own airspace with possibility of further development. Contact owner on 99912005/99450639. SERVICES COLLECTIBLE items such panini albums and loose stick- ers, old postcards and post- ed envelopes, medals, militaria, coins and paper money, books, toys, stamps, badges, paintings, gold & silver items etc. Call on 21310238, 99246632. SITUATIONS VACANT CASHIER – Tikkas (Thai Street Food) of Naxxar are seeking the immediate employment, on a PART-TIME and FULL-TIME basis of a person with knowl- edge of Thai cuisine to work as a cashier and to also assist in the general restaurant duties, for example explaining to cus- tomers the ingredients of dishes offered. Although no particular qualifications are required, the ideal candidate must be flu- ent in written and spoken Thai and English, must also demon- strate sound knowledge of Thai traditional and Thai cuisine. Experience in a similar posi- tion would be considered an asset. The candidate must also have a clean criminal record. The duties of the chosen can- didate will include handling sales, assisting patrons with queries, helping as necessary in the restaurant (not cook- ing). The salary of €5 per hour is being offered to the suita- ble candidate. Interested can- didates are to send their CV by email to padthaikitchen.mal- ta@gmail.com with the words "Cashier" as subject by not lat- er than 9th December 2022. CLERK - Torri Gardens Ltd, Lija requires a clerk on a full- time basis. The ideal candi- date must have ECDL, organ- ization and communication skills, be fluent in English, ready to work flexible hours and other duties around the premises. Apply via email on: torrigardens@gmail.com EXPERIENCED WAITER - required for busy hotel restau- rant in Naxxar. Must be fluent in English, be able to work flexible hours including weekends and public holidays. Min 2 years' experience in similar position. Call +35627988357 for more info - The Village Hotel LTD. S E C U R I T Y G UA R D S & C U S T O M E R CARE - Kingdom Security Malta Ltd requires filling positions as Security Guards & Customer Care. Applicants should be customer care orien- tated, smart and flexible for shift work. Kindly call on 21413777 SUSHI CHEF - Padthai Kitchen of Gzira (Jungle Joy) is seeking the immediate employment on a full-time basis of a Sushi Chef. His/Her duties will include choosing the right ingredients on the market, food prepara- tion and cooking of authen- tic Japanese food. The ideal candidate should be in posses- sion of the appropriate catering qualifications. In the absence of qualifications, a minimum of five (5) years' experience is required in a similar Japanese restaurant working as a Chef. Salary of €9,600 per annum is being offered to the suitable candidate. Interested persons are to send their CV by email to padthaikitchen.malta@gmail. com with the word 'Sushi Chef ' as the subject by not later than 9th December 2022. CLASSIFIEDS INFO @MEDIATODAY.COM.MT THE fundamental right to a fair hearing is infringed when par- ties are not notified of proceed- ings being instituted against them. This was held by the First Hall Civil Court, in its Constitu- tional jurisdiction on the 20th October 2022 in the judgement Emmanuel Gemmell Smith vs the Minister of Justice, Equal- ity and Governance, the Direc- tor General of the Courts of Malta, the State Advocate and Marisa Bugeja. The Court was presided over by Judge Toni Abela. Mr Smith moved to Malta in 2015 with his family where he subsequently signed a lease agreement with Ms Bugeja. In 2017, his employment was terminated, and he left Malta to return to France, with sev- eral outstanding bills payable to Ms Bugeja amounting to €21,459.76. Ms Bugeja decid- ed to take legal action against Mr Smith in front of the Rent Regulation Board for the debt owed to her. Since she only had his mobile number as means of communication, two curators were appointed by a decree on the 08th June 2017 with the re- sponsibility of notifying him of the proceedings. In its judgement of the 06th March 2019, the Rent Regula- tion Board ordered Mr Smith to pay the amount aforemen- tioned to Ms Bugeja and ap- pointed French lawyers to pro- ceed with the execution of the judgement according to the EU regulation regarding the Execu- tion of Judgments of Tribunals of Member States. The French lawyers managed to find the address of Mr Smith, who in turn stated that that was the first time he was hearing about the judgement. He said that no one from Malta contacted him when the judgement was given against him and when he was finally informed, the judge- ment had become res judicata, where he could not appeal it. Therefore, Mr Smith filed a case in front of the First Hall, Civil Court in its Constitution- al jurisdiction whereby he con- tested the procedures taken against him in front of the Rent Regulation Board and stat- ed that the fundamental right to a fair hearing according to Article 39 of the Constitution and Article 6 of the EU Con- vention on Human Rights was infringed. The Court held that the no- tification of acts are the pedi- ment and source of the princi- ple of a fair hearing. Whoever is instructed with the notifica- tion of acts, has the responsi- bility to register the notifica- tion in detail and in any case of doubt, the notification must be presumed to have been made incorrectly. The Court researched about the position of the ECHR re- garding the importance of no- tification of acts in the context of fundamental rights and came to three conclusions. Firstly, it is the duty and responsibility of the concerned authorities to take the necessary pre-req- uisites to ensure that all the litigants are informed about proceedings against them. In turn, this would allow them to prepare their necessary de- fence. Secondly, the parties to the proceedings should always be given the opportunity to participate. Thirdly, the Courts should examine the notifica- tion of acts before they start hearing the merits of the case and they must be convinced that all of the parties are noti- fied. Therefore, in this judgement, the Court concluded that the fact that Mr Smith was not notified of pending proceed- ings breached his fundamental right to a fair hearing and all the people who participated in the proceedings were at fault. Ms Bugeja failed to commu- nicate properly with the who were appointed and failed to carry out further research to locate the residential address of Mr Smith before initiating proceedings before the Rent Regulation Board. The Cura- tors should have been more reticent with the other party so as to leave no doubt regarding their performance of their du- ties. Lastly, the Court minimal- ly supervised the Curators and relied too much on the parties to do so. In its decision, the Court re- fused to revoke the judgement given by the Rent Regulation Board. However, it awarded Mr Smith €2,000 in damages because his fundamental right to a fair hearing was infringed. Dr Cedric Mifsud was rep- resenting the plaintiff in this case. Failure to notify parties in accordance with the law infringes the fundamental right to a fair hearing LAW REPORT MALCOLM MIFSUD Mifsud & Mifsud Advocates