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OPINION LAW Joseph Cuschieri is CEO of Project Green Law Report IN the case of In-Sight Limited vs Juheng Chen and Yujun Ying, the Appeals Court addressed issues stemming from an appeal lodged by In-Sight Limited (the Plaintiff), against two significant decrees issued by the First Hall Civil Court. The first concerned the expungement of affidavits that were central to the Plaintiff's claims, while the second rejected the Plain- tiff's claims for commission payments and damages related to property sales in Cyprus. In-Sight Limited, an international real es- tate agency operating under the name Prop- erty Line International, forged an agreement with Juheng Chen, who acted as a property negotiator and translator. The Plaintiff con- tended they had established a commission agreement allowing Chen to help facilitate property sales. However, problems arose when it was discovered that Chen had con- cluded sales without informing the Plaintiff, leading to accusations of misrepresentation and misappropriation of commission. The Plaintiff sought the court's declara- tions regarding their entitlement to com- missions from various property sales in Cyprus and compensation for damages suffered due to Chen's alleged misconduct. Conversely, the defence denied the claims, asserting that there was no exclusive ar- rangement preventing them from negotiat- ing the sales on their own initiative. The First Hall Civil Court dismissed the Plaintiff's claims, concluding that they failed to convincingly establish that Chen's actions produced the sales resulting in commission. The court emphasised that the evidence presented lacked the neces- sary credibility. The appeal raised two primary grievanc- es: The First Court's decision to expunge the affidavits of Jian Ye and Haiying Li; and the incorrect evaluation of evidence which led to the rejection of the Plaintiff's claims. In addressing these grievances, the Ap- peals Court conducted a thorough review of procedural and evidentiary standards. On the matter of the affidavits, the Court of Appeal noted that the First Court's decision was rooted in procedur- al lapses by the Plaintiff since they did not formally indicate the intention to present evidence via affidavit. The legal framework stipulated under Ar- ticle 622A of the Code of Organisation and Civil Procedure highlightes that affidavits from abroad are admissible only if condi- tions for cross-examination are met. The Appeals Court quoted from the judgment Simon Bezzina et vs Le Beau Chapps, de- cided on 12 July 2019. Here the Court had held that although the law does not specify how the cross examination may take place, the law provides for letters rogatory. As the Plaintiff failed to comply with these procedural requirements, the Court ruled that the expungement of the affida- vits was justified, effectively supporting the First Court's reasoning. Regarding the second grievance, the Court of Appeal reiterated the importance of credibility in evaluating competing ac- counts. The First Court had observed sig- nificant inconsistencies in the Plaintiff's version of events, particularly concerning the lack of substantive, credible evidence linking the commissionable sales to their agency efforts. The Appellant's failure to provide authen- ticated deeds of sale and reliance on gener- alised claims undermined their appeal. The Court highlighted that the presence of a conflict in testimony, particularly involving Dai Lingyun, further complicated the cred- ibility issues. The Appeals Court found that the Plain- tiff did not sufficiently establish a right to the commissions claimed and affirmed the First Court's decision. Ultimately, the appeal was rejected in its entirety, upholding the judgment of the First Hall Civil Court and allocating costs to the Appellant. This case serves as an important remind- er for legal practitioners in Malta and be- yond regarding the necessity of meticulous attention to procedural details, especially when dealing with foreign witnesses and the submission of documentation in support of claims. The implications of this judgment underscore the need for real estate and com- mercial professionals to ensure robust com- pliance with legal protocols to safeguard their interests in contractual disputes. Court enforces the right to cross- examine witnesses who prepare affidavits outside Malta LAW REPORT MALCOLM MIFSUD Mifsud & Mifsud Advocates MALCOLM MIFSUD Mifsud & Mifsud Advocates Joseph Cuschieri The Green School Initiative: Cultivating a sustainable future for students IN an era where climate change and en- vironmental concerns are at the forefront of global discussions, the role of schools in fostering sustainability has never been more critical. Project Green is proud to launch the Green School Initiative, a nationwide pro- gramme designed to transform schools across Malta into vibrant green spaces. This initiative seeks to promote afforesta- tion and gardening activities within school premises, encouraging a deeper connec- tion between students and nature while fostering sustainable living practices. Green infrastructure in educational insti- tutions plays a crucial role in shaping envi- ronmentally conscious future generations. Schools are not just places of academic learning; they are environments where children develop values, habits, and an un- derstanding of the world around them. 1. Enhancing environmental awareness By incorporating greenery into school environments, students gain firsthand experience in planting, nurturing, and un- derstanding the importance of trees and plants. Practical involvement in affores- tation and gardening fosters a sense of re- sponsibility for the environment, leading to a lifelong commitment to sustainability. 2. Boosting mental and physical well-be- ing Scientific studies have repeatedly shown that exposure to green spaces significantly improves mental health. Nature reduces stress and increases concentration lev- els – critical factors in a child's academic performance and overall well-being. Addi- tionally, gardening and outdoor activities encourage physical movement, contribut- ing to healthier lifestyles for students. 3. Creating outdoor learning opportuni- ties Traditional classroom settings are essen- tial, but outdoor learning environments offer an invaluable complement to con- ventional education. Green spaces provide an interactive learning experience where students can explore subjects such as bi- ology, ecology, and even mathematics in a more engaging and practical manner. 4. Contributing to climate action Planting trees and creating gardens in schools helps absorb carbon dioxide, re- duce the urban heat island effect, and im- prove air quality. These efforts contribute to climate mitigation strategies, making schools more resilient to environmental challenges while educating students about the tangible impacts of climate action. 5. Encouraging biodiversity and ecologi- cal balance The introduction of more greenery in schools supports biodiversity by attracting birds, pollinators, and other beneficial spe- cies. Schools can serve as micro-ecosys- tems that provide shelter and sustenance for various organisms, promoting ecolog- ical balance and teaching students about the importance of preserving biodiversity. Through innovative programmes, com- munity partnerships, and real-world ap- plications, we empower young leaders to take meaningful action in their schools and communities. Our goal is to instil life- long habits that promote a healthier planet while preparing students for green careers and responsible citizenship. By integrating environmental education into everyday learning, we strive to ensure that future generations naturally prioritise sustainability – just as effortlessly as they read and write. Join the Green School Initiative! If you share our vision for a greener, more sustainable future, we invite your school to participate in the Green School Initiative. By taking part, your school will help create sustainable, environmental- ly friendly settings for future generations while reaping the countless benefits of greener surroundings. To begin the process, simply complete the application form, which will assist us in evaluating your school's eligibility. The closing date for applications is Tuesday, 13 May 2025. Let's work together to transform schools into thriving green spaces that nurture not only plants but also young minds. maltatoday | SUNDAY • 13 APRIL 2025 8