Issue link: https://maltatoday.uberflip.com/i/1514428
maltatoday | SUNDAY • 14 JANUARY 2024 11 LAW CLASSIFIEDS THE jurisdiction of the courts is generally applicable when the matter relates to property that is situated in Malta. The same provision also applies to mova- bles as long as the movable is lo- cated in Malta and the merits of the case concern precisely that movable. This was held in a decision delivered by the First Hall Civil Court in Lawyer Cedric Mifsud in his name and in representa- tion of the foreign company Adria Yachting N.V. vs Stephan Cristoph Schlosser, by Madam Justice Anna Felice on 14 De- cember 2023. During these proceedings, the Court was requested by the de- fendant to deliver a decision on a preliminary plea based on ju- risdiction. The case involved a dispute over the ownership of the ship S/Y Adria, which was situated in Maltese territorial waters. The plaintiff, Adria Yachting N.V., had instituted proceed- ings against the defendant for the return of the ship. On 19 June 2012, the plaintiff had au- thorised the defendant to act as the captain and representa- tive of the ship. On 9 October 2019, the plaintiff terminated this agreement. The defendant, however, kept possession of the vessel without authorisa- tion leading the plaintiff to file for a precautionary warrant for the arrest of the vessel in Mal- tese territorial waters. Further- more, the plaintiff requested the Court to declare the defendant responsible for any damages the plaintiff incurred due to this action by the defendant and to liquidate damages accordingly. The defendant argued that this case should be declared null because the defendant was not present in Malta when the case was presented. The de- fendant claimed that since he lives in Germany, a procedure for notification based on Reg- ulation E.C 1393/2007 should have been performed. Further- more, the defendant stated that this Court lacks competence in this case as he is not one of the persons listed under Article 742 of the Code of Organisation and Civil Procedure, Chapter 12 of the Laws of Malta. In addition, the defendant, referring to Ar- ticle 742B(a), claims that he is not the legitimate opponent in this case, and this is because the claims of the plaintiff concern the ownership and the title of the vessel. Therefore, the plain- tiff should have proceeded with an action in rem (against the ship) and not against him. On 16 March 2022, the de- fendant filed an additional plea whereby he challenged the jurisdiction of this Court to preside over the case in ques- tion-based on Article 730 of the Code of Organisation and Civil Procedure. The main argument raised by the defendant regards a Novation Agreement signed on 24 April 2018 between Altra Foundation and the defendant expressly stating that exclusive jurisdiction in matters relating to the said agreement shall lie with the Court in Zurich. The court examined the Nova- tion Agreement and determined that it did not specifically ad- dress the vessel in question but was limited to debts between the parties. Since the plaintiff was not a party to the agree- ment, the court concluded that the only remedy for the plaintiff to enforce claims on the vessel was to institute proceedings against the defendant. The court then considered the jurisdictional issue, referring to Article 742(1)(c) of the Code of Organisation and Civil Proce- dure, which grants Maltese civil courts jurisdiction over matters concerning property situated in Malta. The court noted that, in previous jurisprudence, the ju- risdiction provision also applied to movables as long as the mov- able was located in Malta, and the merits of the case concerned that movable. In rejecting the defendant's additional plea challenging ju- risdiction, the court empha- sised that the primary issue in the proceedings was the own- ership of the vessel. Since the vessel was located in Maltese territorial waters, and the pri- mary remedy sought by the plaintiff was the return of the vessel, the court declared that it had jurisdiction in the case and ordered the continuation of the proceedings. Maltese court has jurisdiction of vessels found in Malta's territorial waters CLASSIFIEDS INFO @MEDIATODAY.COM.MT 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 SITUATIONS VACANT CASHIER/GENERAL ATTENDANT - Padthai Kitchen Malta Limited are seeking the immediate employment, on a full-time basis, of a person with knowledge of Thai cuisine, to work as a Cashier/General Attendant and to also assist in general restaurant duties, for example explaining to custom- ers the ingredients of dishes offered. Although no particular qualifications are required, the ideal candidate must be fluent in written and spoken Thai and English, must also demonstrate sound knowledge of Thai traditional and Thai cuisine. Experience in a sim- ilar position would be considered an asset. The candidate must also have a clean criminal record. The duties of the chosen candidate will include handling sales, assisting patrons with queries, helping as necessary in the restaurant (not cooking). The gross salary of €5.50 per hour is being offered to the suita- ble candidate. Interested candidates are to send CV by email to padthaikitch- en.malta@gmail.com with the words "Cashier/General Attendant" as the sub- ject, by no later than 15th January 2024. ELECTRICIANS ASSISTANT - Rene Sciberras is seeking an Electricians Assistant. Kindly send your CV on: primuelectrician@gmail.com KITCHEN HELPER - Padthai Kitchen Swieqi are seeking the immediate employment, on a full-time basis, of a person with knowledge of Thai cuisine, to work as a Kitchen Helper to assist in Kitchen and general restaurant duties, Although no particular qualifications are required, the ideal candidate must be fluent in written and spoken Thai and English, must also demonstrate sound knowledge of Thai traditional and Thai cuisine. Experience in a sim- ilar position would be considered an asset. The candidate must also have a clean criminal record. The salary of €5.50 per hour is being offered to the suitable candidate. Interested can- didates are to send CV by email to padthaikitchen.malta@gmail.com with the words "Kitchen Helper" as the sub- ject, by no later than 15th January 2024. SECURITY GUARDS & CUSTOMER CARE - Kingdom Security Malta Ltd requires Security Guards & Customer Care officers. Applicants should be customer care orientated, smart and flexible for shift work. Kindly call on 21413777. SIGNAL 8 - Signal 8 Security Malta Ltd. requires filling the following posi- tions as Customer Care Clerks, Security Guards, security for places of entertain- ment and cleaners. Applicants should be customer care orientated, smart and flexible for shift work. Email your CV to: hr@signal8securitymalta.com.mt