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Ministry’s interpretation of the law makes it impossible to comply with

Ministry’s interpretation of the law makes it impossible to comply with
Malcolm Mifsud
Those who apply for an exemption for vehicle registration tax would need to show they lived 24 months outside Malta from the date of the issuance of the residency document
Not any damage may terminate a lease

Not any damage may terminate a lease
Malcolm Mifsud
​For a lease agreement to be terminated because of damage done to the property, the damage, must be considerable
Distinction must be made between the merits of an executive title and the formality of an executive warrant

Distinction must be made between the merits of an executive title and the formality of an executive warrant

Malcolm Mifsud

The Court endorsed the argument that a party attacking an executive warrant with which such party is burdened had to make a distinction between the formality...

The Court endorsed the argument that a party attacking an...

Any doubt on whether the action is time barred should go in favour of the plaintiff

Any doubt on whether the action is time barred should go in favour of the plaintiff

Malcolm Mifsud

The party claiming that an action is time barred should prove this. However, any doubt should sway in favour of the plaintiff

The party claiming that an action is time barred should...

The date of a judgment is essential for its validity

The date of a judgment is essential for its validity

Malcolm Mifsud

An incorrect or an unclear date of a criminal judgment will annul the judgment...

An incorrect or an unclear date of a criminal judgment will...

Tribunal must decide on all grounds of appeal

Tribunal must decide on all grounds of appeal

Malcolm Mifsud

The Financial Services Tribunal was asked to decide on two grounds of appeal...

The Financial Services Tribunal was asked to decide on two...

Maltese court has jurisdiction of vessels found in Malta’s territorial waters

Maltese court has jurisdiction of vessels found in Malta’s territorial waters

Malcolm Mifsud

The jurisdiction of the courts is generally applicable when the matter relates to property that is situated in Malta

The jurisdiction of the courts is generally applicable when...

Contractor must charge at rates listed in quotation

Contractor must charge at rates listed in quotation

Malcolm Mifsud

A contractor cannot inflate the price of extra works, if the parties had agreed...

A contractor cannot inflate the price of extra works, if...

A new lease agreement is deemed to be renunciation of the old lease agreement

A new lease agreement is deemed to be renunciation of the old lease agreement

Malcolm Mifsud

When a landlord does not accept the termination of a lease agreement but rents the same property to a third party, this would, in fact, mean that he would be...

When a landlord does not accept the termination of a lease...

Once a company is inactive for a period of time, its liquidation would be justified

Once a company is inactive for a period of time, its liquidation would be justified

Malcolm Mifsud

If the reason for a company does not exist anymore, then the company should be liquidated

If the reason for a company does not exist anymore, then...

Attorney General must quote correct articles of law for Court to consider crimes

Attorney General must quote correct articles of law for Court to consider crimes

Malcolm Mifsud

The Attorney General must indicate under which articles of law the accused is accused, and the Court must consider the Article mentioned in the Attorney...

The Attorney General must indicate under which articles of...

Majority co-owners may sell property if all conditions are fair

Majority co-owners may sell property if all conditions are fair

Malcolm Mifsud

The Court must be satisfied that the minority of co-owners of a property will...

The Court must be satisfied that the minority of co-owners...

When contractual obligations are outlined clearly in writing, obligations must be honoured

When contractual obligations are outlined clearly in writing, obligations must be honoured

The Court ruled that when contractual obligations are outlined clearly in writing, such contractual obligations must be honoured and other interpretations...

The Court ruled that when contractual obligations are...

Court of Appeals asks Identity Malta Agency to be more humane

Court of Appeals asks Identity Malta Agency to be more humane

Malcolm Mifsud

The Court of Appeal criticised Identity Malta Agency for expecting an applicant...

The Court of Appeal criticised Identity Malta Agency for...

Wife loses maintenance because she was the main contributor to breakdown of marriage

Wife loses maintenance because she was the main contributor to breakdown of marriage

Malcolm Mifsud

The Court ruled that once the wife contributed to the breakdown of the marriage, she lost the right to maintenance • This was held in PB v JB...

The Court ruled that once the wife contributed to the...

Interim measures only granted by the Constitutional Court when no ordinary remedy is available

Interim measures only granted by the Constitutional Court when no ordinary remedy is available

Malcolm Mifsud

Interim measures will only be granted by the Constitutional Court when no ordinary remedy is at the disposition of the claimant

Interim measures will only be granted by the Constitutional...

Conditions for the issuance of a warrant of prohibitory injunction must be cumulatively satisfied

Conditions for the issuance of a warrant of prohibitory injunction must be cumulatively satisfied

Malcolm Mifsud

A warrant of prohibitory injunction will only be issued by the Court when the conditions outlined in the Law are cumulatively satisfied

A warrant of prohibitory injunction will only be issued by...

Retrial proceedings should not serve as a means of a further appeal

Retrial proceedings should not serve as a means of a further appeal

Malcolm Mifsud

In a judgement in the names of Al-Masri Agostina Vs Valenzia Dr Benjamin Et Noe...

In a judgement in the names of Al-Masri Agostina Vs...

Shareholder may use directors of struck-off company only on personal rights

Shareholder may use directors of struck-off company only on personal rights

Malcolm Mifsud

A shareholder of a company which is now struck off the Companies Register is allowed to sue directly the former directors, as long as the claim refers to the...

A shareholder of a company which is now struck off the...

Applicant for a Residence and Work permit should not bear responsibility for shortcomings of prospective employer

Applicant for a Residence and Work permit should not bear responsibility for shortcomings of prospective employer

Malcolm Mifsud

It is not just and equitable that the applicant for a work and residence permit (a Single Permit) application must bear the responsibility for the shortcomings...

It is not just and equitable that the applicant for a work...

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