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maltatoday | SUNDAY • 22 OCTOBER 2023 11 LAW CLASSIFIEDS LAW REPORT MALCOLM MIFSUD Mifsud & Mifsud Advocates IN the case 'L-Avukat Malcolm Mifsud u l-Avukat Cedric Mifsud vs il-Bord ta' Sorveljanza Dwar Sanzjonijiet' before Judge Audrey Demicoli, the Court had declared a fine issued by the Sanctions Monitoring Board on the plain- tiffs to be null and invalid. The case challenged the legal validity of a fine issued by the Sanctions Monitoring Board, on the basis of judicial review of an administrative decision in terms of the subarticles of Article 469A of Chapter 12 of the Laws of Mal- ta, the Code of Organisation and Civil Procedure. The Court examined the de- cision to fine Mifsud & Mifsud Advocates on the basis of Article 469A (b) (ii) which is the legal ba- sis to challenge an administrative act which fails to respect the prin- ciples of natural justice. The facts of this case saw the defendant Board dishing out a fine without first making contact and notifying the plaintiff in any way. The Board had mistakenly sent a letter to Ae- gis Corporate Services Limited, however when informed that this company was not involved with the ship in question, the Board did not formally inform Mifsud & Mifsud Advocates that they were being investigated, but they sim- ply proceeded to issue the fine. As has become standard proce- dure, when a government entity loses a case before the ordinary courts, an appeal was filed - actu- ally two appeals. One appeal was in relation to the partial judgment given by the Civil Court whereby two preliminary pleas were re- jected. The other appeal was filed against the final judgment. The grievance of the Appellant Board against the partial sentence was based on the fact that the First Court should have accepted the preliminary plea that a decision by the Sanctions Monitoring Board cannot be judicially reviewed under Article 469A in view that a board does not fall within the definition of a public authority as per the said Article in the law. Ap- pellant based its argument on the fact that in the law the following is stated: "Public authority' means (…) Boards which are empowered in terms of law to issue warrants for the exercise of any trade or profession". The Appellant ar- gued that it is only boards which issue warrants which fall within the definition of a public authority which is reviewable. The Court of Appeal noted that the Appellant quoted jurispru- dence which dealt with boards which were of a quasi-judicial nature, while this case was not in relation to such a board. The Court came to the conclusion that the Sanctions Monitoring Board fell within the definition of a local authority and a body corporate established by law which in turn meant that it is caught by the defi- nition of a 'public authority' and is therefore reviewable. Firstly, the Board was set up by a specific law; secondly, the Board is a body corporate as it is not made up of one physical person, but by a number of persons. Such per- sons are representatives of various ministries, departments and other public entities. The Court upheld the argument of the Appealed par- ty that all such representatives are in fact vested with public authori- ty powers. In addition, the Board's functions are of a regulatory and administrative nature in the name of the Government of Malta. The Court of Appeal clarified once and for all the nebulous in- terpretation of the law where the State Advocate would invaria- bly raise the plea that only those boards which issue warrants are reviewable. The Court categor- ically stated that the fact that a board does not fall within the definition of a board which grants warrants does not automatically exclude it from falling within an- other part of the legal definition of a public authority. The Court of Appeal then looked into the appeal in rela- tion to the part of the judgment at First Instance that there was a breach of the principles of natu- ral justice in view that the Board failed to warn the firm, Mifsud & Mifsud Advocates that it was be- ing investigated before it was then fined. The appealed party claimed that the Board acted in breach of the natural justice principle of au- di et alteram partem. The Court deliberated on the meaning of this principle and in so doing pointed out that before an administrative decision is taken in relation to any person, that person has to be given the chance to defend themselves, and this can only be done if they are given the chance to give their version and have the authority take note of what such person has to say. The Court concluded that the Sanctions Monitoring Board was not administratively and pro- cedurally correct when it gave its decision on 15 March, 2021, with- out having previously warned the firm Mifsud & Mifsud Advocates that it was being investigated. The Board was wrong to have slapped the fine without prior warning. The Court rejected the Sanc- tions Monitoring Board Appeal, and ordered that the fine be re- funded back to Mifsud & Mifsud advocates, not as a form of dam- ages suffered, but as a refund of the administrative fine paid by them. The Court also ordered that all expenses in relation the Appeal were to be borne by the Sanctions Monitoring Board. This judgment is another impor- tant milestone in the field of judi- cial review of administrative deci- sions taken in breach of the legal steps leading up to such decisions, which decisions may be judicially challenged and overturned even in the case of a government board. Government boards subject to judicial review HOLIDAY ACCOMMODATION MARSALFORN, Gozo - holiday apartments for short or long lets with magnificent sea- views. Call 21556021, 27556021, 79426883 PROPERTY TO LET SHOP TO LEASE - Class 4 B 60 sqm cor- ner shop to lease in San Gwann. Key mon- ey €49,888 and €40 a day rental. Call on 79703404. XLENDI - catering premises in prime site to let. Can be used for other commercial pur- poses. 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SECURITY OFFICER - Torri Gardens LTD in Lija requires the services of a Security Night Officer on full-time basis. Must have a knowledge of English. The ideal candi- date must have previous experience and be ready to work flexible hours. Apply info@ tg.com.mt SIGNAL 8 -Signal 8 Security Malta Ltd. requires filling the following positions as Customer Care Clerks, Security Guards, security for places of entertainment and cleaners. Applicants should be customer care orientated, smart and flexible for shift work. Email your CV to: hr@signal8securitymalta. com.mt SOUTH INDIAN CDP – AVM Catering Ltd require a South Indian CDP on a full-time basis to prepare the exclusive South Indian recipes based on the regional cuisine, you will also be required to handle the kitchen with the junior chef and to promote how South Indian cuisine plays a vital role in Indian food. Salary will be €950 per month. Call on 99298138 or 21572107 for further information. VACANCIES - D.J.S Turnkey Solutions of Hamrun have the following positions avail- able; A/C mechanic and technicians, lift installer and technicians, electrician and electrical installer. Required qualification -1 diploma in relevant fields and O, level and must be fluent in English. A minimum of three years' experience and preferably over- seas experience. Kindly send your CV to dcdebono7969@gmail.com or by post to - D.J.S Turnkey Solutions Ltd. 4, Emerald, Triq Pietru Xuereb, Hamrun. WAITER / WAITRESS – The successful can- didate will be responsible for the entire res- taurant which specializes in Indian Cuisine. The position includes normal Waiter/ Waitress duties including welcoming guests, taking orders, and communicating with the guests politely. Minimum of 3 years' experi- ence in Indian Cuisine is essential. Full time. Salary will be €875 per month. Contact: avm- malta@yahoo.com - Tel: 99298138. WAITER/WAITRESS - required for busy hotel restaurant in Naxxar. Must be fluent in English, be able to work flexible hours including weekends and public holidays. Min 3 years' experience in similar position. Call +365 2798 8357 for more info - The Village Hotel LTD. CLASSIFIEDS INFO @MEDIATODAY.COM.MT DR PAUL RADMILLI Dr Radmilli works at Mifsud & Mifsud Advocates