Issue link: https://maltatoday.uberflip.com/i/1495215
maltatoday | SUNDAY • 19 MARCH 2023 11 LAW CLASSIFIEDS IN a judgment delivered by the First Hall Civil Court (Con- stitutional Jurisdiction) in the names Francis E. Sullivan & Company Limited vs L-Avukat tal-Istat presided over by Hon- ourable Justice Dr. Francesco Depasquale on the 9th March 2023, the Court decided that the length of time taken to conclude a court case is unrea- sonable and violates the right to a proper and reasonable hearing as provided by Article 39 of the Constitution of Malta and Article 6 of the European Convention of Human Rights. The Court criticised the Gov- ernment for its lack of invest- ment in the Court's resources and admonished the defendant company and its lawyers for taking advantage of such defi- ciencies. Francis E. Sullivan & Compa- ny Limited instituted this con- stitutional case on the basis of a violation of Article 39 of the Constitution and Article 6 of the European Convention on Human Rights as transposed in Chapter 319 of the Laws of Malta due to lack of reason- ableness in time, and delay to appoint and conclude a court case at appeal in the names Francis E.Sullivan & Company Limited vs International Cater- ing Srl. Back in July 2015, Francis E. Sullivan & Company Limited instituted a case in the First Hall Civil Court against Inter- national Catering Srl where it contested unpaid invoices amounting to €98,848.29. The Court in the first instance had decided in favour of the plain- tiff within 3 months. Interna- tional Catering Srl appealed this judgment. However, the appeal was appointed on the 13th October 2020, that is 5 years after the application for appeal was instituted. The appeal had to be served to the appellants in Genoa, Italy. International Catering Srl, did not appear for the first hearing and the appeal was deferred to the 1st December 2020, where- by the appellant did not show up again. At this point the Court deferred the next sit- ting to the 5th October 2021. During this sitting, it resulted that the appellant Internation- al Catering Srl did not depos- it the security money to cover the costs of the appeal and the Court deferred the case sine die (with no appointed date for resumption). The First Hall in its Constitu- tional Jurisdiction stated that it was clear that the delay in the hearing of the appeal was sole- ly attributable to the appellant company International Cater- ing Srl with the assistance of its legal advisers. Undoubtably, it was using its right to appeal as a strategy to waste time and delay its payment as decided by the Court in the First Instance. In fact, Francis E. Sullivan & Company Limited argued that due to this delay of over 5 years in appointing the appeal, it could never be paid by the debtor company because at no stage did it possess an execu- tive title. It was also submitted that while it was true that the applicant company was invited to compete as a creditor of the foreign company in bankruptcy proceedings in Italy, the appli- cant company could never de- clare itself a creditor because at the time when the letter of concurrence was sent, that is, in September 2016, the debtor company had appealed from the judgement of the First Hall in Malta for almost a year and therefore the claimant compa- ny did not have an executive title. The claimant company could not declare itself a cred- itor of the debtor company be- cause it was still waiting for the appeal in Malta to be appoint- ed. After analysing the submis- sions of the applicant and the arguments of the State Advo- cate and referring to previous jurisprudence, the Court con- sidered that the claimant com- pany's complaint regarding the delay in the appointment of the appeal is justified and proceed- ed to declare a violation of the Article 6 of the European Con- vention and Article 39 of the Constitution of Malta. Furthermore, the Court not only upheld the case but add- ed its observations. It stated that the Courts of Justice are severely conditioned from the lack of investment, for which the Executive branch of the State is uniquely responsible, that is the Government. Al- though in the last decades the number and complexity of cas- es instituted in the Courts had increased considerably, this was never reflected in an ade- quate increase of investment in the Courts. Citizens have a right to re- ceive such a service within a reasonable time, hence the Ju- diciary has a right to pretend and be provided with all the tools and resources from the Executive to provide such ser- vice. It is the Executive which should answer for such fail- ures, as it is the Government that decides which resources are allocated to the Courts to operate in an efficient manner. It is clear that the Executive is still very much conservative in such an investment, that in- cludes the number of Judges and their staff which is lower than any other European Un- ion member state, and also the physical space needed by the Courts. In addition, the Court al- so admonished the defendant company and its lawyers stat- ing that although it is truly disgraceful that the claimant company, as an entity that had the right to claim service from the Courts in a reasonable time had to wait more than six years for its case to be finally declared enforceable, it is just as disgraceful the brazen and impudent abuse of persons and particularly certain lawyers who abuse from these deficien- cies caused by the Executive, in order to obtain benefits in fa- vour of their clients, adopting such procedures only to pro- long the outcome of the final decision. The Court claimed that this is being said as it is not fair and correct that the State should bear all the consequences of this situation that clearly has been knowingly abused by the debtor company with the as- sistance and direction of its legal advisor, and this should be reflected in the damages be- ing liquidated. Thus, the Court considered that the State Ad- vocate should not bear all the responsibility for the delay. Finally, the Court liquidated the sum of €4,500 to be paid by the to the claimant compa- ny due to the flagrant violation of its right to a proper hearing within a reasonable time. Lawyers Cedric Mifsud and Ian Barbara assisted the appli- cant company. Judge pins court delays on government, abusive defendants and their lawyers LAW REPORT MALCOLM MIFSUD Mifsud & Mifsud Advocates CLASSIFIEDS INFO @MEDIATODAY.COM.MT HOLIDAY ACCOMMODATION MARSALFORN, Gozo - holiday apart- ments for short or long lets with mag- nificent sea-views. Call 21556021, 27556021, 79426883 PROPERTY TO LET SHOP TO LEASE - Class 4 B 60 sqm corner shop to lease in San Gwann. Key money €49,888 and €40 a day rental. Call on 79703404. 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 HAL-SAFI - Fully furnished 3-bedroom apartment 1 with ensuite, main bath- room, open plan liv-ing area and kitch- en, 2 front balconies, 1 back balcony with countryside views. DIRECT FROM OWNER. Call on 99775854 for further information or viewing. 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 bed- rooms and 1 single A/C bedroom, two bathrooms, lift, double glazing doors and windows. Direct from owner €350k inquire on 79402244. SERVICES COLLECTIBLE items such panini albums and loose stickers, old postcards and posted enve-lopes, medals, militar- ia, coins and paper money, books, toys, stamps, badges, paintings, gold & silver items etc. Call on 21310238, 99246632. SITUATIONS VACANT OFFICE ADMINISTRATOR - A++ Consultancy Ltd a vacancy has arisen for an office adminis-trator. Applicants must have a minimum of five years' working experience. Fluently speaking English, French, Italian and Arabic. The post requires travelling on behalf of the company. Monthly rate from Eur900.00. Interested applicants may send email to secretary@a-plusplus.eu SNF OPERATORS- we are seeking to recruit staff for the position of Water sports Jetty helper. Please send an email on info@sunfunmalta.com THAI TRADITIONAL THERAPIST – Minimum of 10 years' experience required. Salary is negotiable based on skills and experience. Location is San Gwann. Kindly contact Maria at the Wellness Centre on 99596395