Best interest of minors should prevail
Malcolm Mifsud
The concept of best interest of a minor should prevail in situations of care, custody, access and maintenance
Appeals from Industrial Tribunal should be only on points of law
Malcolm Mifsud
The Court of Appeal annulled an appeal on the ground that the appeal was dealing with the merits of the case and not on a point of law
Debtor will have to pay interest and judicial costs
Malcolm Mifsud

If a debtor does not show that there was a valid reason not to pay a debt, then...

If a debtor does not show that there was a valid reason not...

Court blocks private sale of arrested vessel
Malcolm Mifsud

The First Hall of the Civil Court did not allow a company to purchase a vessel...

The First Hall of the Civil Court did not allow a company...

Tribunal should not hide its expert
Malcolm Mifsud

The Court of Appeal ruled on 11 August, 2014 that a tribunal may make use of an expert, so as long as it is in open court. 

The Court of Appeal ruled on 11 August, 2014 that a...

Matrimonial home is no guarantee for garnishee order in separation proceedings
Malcolm Mifsud

The Family Court turned down a request to withdraw a garnishee order between spouses since the husband was giving the matrimonial home as a guarantee. 

The Family Court turned down a request to withdraw a...

Court sends relapser to jail
Malcolm Mifsud

A court sent a relapser to prison after he was accused of theft, to which he pleaded guilty.

A court sent a relapser to prison after he was accused...

Agency uses wrong procedure to collect a refund
Malcolm Mifsud

The First Hall of the Civil Court ruled that Article 466 of the Code of...

The First Hall of the Civil Court ruled that Article 466 of...

Defendant had no legal title to use the property

On 18 July, 2014, the Court of Appeal in its Superior Jurisdiction confirmed a...

On 18 July, 2014, the Court of Appeal in its Superior...

Court rejects claim that violence led to donation contract
Malcolm Mifsud

The Magistrates’ Court in Gozo held that for a contract to be annulled...

The Magistrates’ Court in Gozo held that for a...

Court rules that flat owner had no right to place water tank on roof
Malcolm Mifsud

Mr Justice Anthony Ellul on 4 July, 2014 in Christopher and Marisa Galea v...

Mr Justice Anthony Ellul on 4 July, 2014 in Christopher and...

Court blocks disciplinary procedure upon breach of human rights claims
Malcolm Mifsud

The First Hall of the Civil Court ruled that it is competent to issue a warrant of prohibitory injunction against the Public Service Commission once the...

The First Hall of the Civil Court ruled that it is...

Requisitioned property not given to owners in the public interest
Malcolm Mifsud

In a judgement delivered on Monday, 23 June, 2014 the court held that the fact...

In a judgement delivered on Monday, 23 June, 2014 the court...

The law precludes reactivation of a registered partnership
Malcolm Mifsud

On June 17, 2014 the First Hall of the Civil Court held that the court is...

On June 17, 2014 the First Hall of the Civil Court held...

Misleading government forms allow applicant an exemption on registration tax
Malcolm Mifsud

The applicant asked the Tribunal to overturn the Chairman’s decision and allow an exemption from payment of tax

The applicant asked the Tribunal to overturn the...

Non-payment of VAT to department is not misappropriation
Malcolm Mifsud

The Magistrates Court on 8 May 2014 in the name of Il-Pulizija –v-...

The Magistrates Court on 8 May 2014 in the name of...

Decision to request additional tax is turned down
Malcolm Mifsud

The Administrative Review Tribunal decided on 22 May 2014 that the Income Tax...

The Administrative Review Tribunal decided on 22 May 2014...

Company director personally responsible for giving wrongful instructions
Malcolm Mifsud

The First Hall of the Civil Courts on 16 May 2014 held that a company director was still personally responsible for damages after it was found that he had...

The First Hall of the Civil Courts on 16 May 2014 held that...

Right of Preference does not exonerate sellers from their guarantee of peaceful possession
Malcolm Mifsud

The First Hall of the Civil Court of 12 May 2014 in the lawsuit ‘Camland Limited –v- Saviour Borg, Joseph Borg, Carmelo Borg, George Borg, Alfred...

The First Hall of the Civil Court of 12 May 2014 in the...

Court allows correction of surname due to its complexity
Malcolm Mifsud

The First Hall of the Civil Court, on 30 April 2014, allowed a father to have...

The First Hall of the Civil Court, on 30 April 2014,...