Oct
17

Exercise of power to stay proceedings under Article 220 of the Companies Act

News_LegalUpdate
In its recent decision HSBC Bank Malta Plc v The Golden Shepherd Group Limited , (decided 4 th October, 2018) the Civil Court (Commercial Section) exercised its special powers under Article 220 of the Companies Act to stay proceedings pending against the defendant company ("Golden Shepherd"). Golden Shepherd is currently the defendant in on-going dissolution and winding up proceedings instituted by HSBC Bank Malta Plc ("HSBC").  Article 220 allows a company, a creditor or a contributory of that company from applying to the court, at any time after the filing ...
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Oct
09

Transfer of Business Requirements Considered in Employment Related Dispute

News_NDC
  In a judgment delivered on the 5th of October 2018, in the names of Antoinette Farrugia vs Optical (CCSG) Company Limited and Classic Group (Appeal nr. 16/2018) the Court of Appeal (Inferior) considered that the decisive criterion for establishing whether a transfer of business had taken place was whether the business in question had retained its identity and thereby whether the business had actually continued or resumed the same or similar activities. Moreover, the Court stated that a transfer of business may also be effected in two stages, the first stage...
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Oct
09

Clear Indication that Appearing on Behalf of a Company is Required

News_MC
The Court of Appeal (Superior) rejected the argument that the defendant intended to appear on behalf of a company (Sovereign Hotels Ltd) through the use of the letters 'c/o' (care of) in the case of Joinwell Ltd v. Ronald Azzopardi, decided on the 5th of October 2018. The Court indicated that it was a well-known fact that the letters 'c/o' were a mere indication of where correspondence should be directed and also observed that, unlike the defendant, the representative of Joinwell Ltd had clearly indicated that he was signing 'for and on behalf of Joinwell Ltd'. Th...
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Sep
18

Judicial Sale by Auction – M/V LEONIDAS K

News_Employ
​ The cargo vessel Leonidas K will be auctioned by court order in Malta, at the request of Piraeus Bank A.E, on the 8 th of October 2018. For further information kindly contact Dr Nicholas Valenzia or Dr Denise Abela on This email address is being protected from spambots. You need JavaScript enabled to view it. or 00356 2540 3000. M/V Leonidas K IMO: 9467782 Flag: Malta Type of vessel: Steel General Cargo Year of Construction: 2007 Length (LOA): 76 metres Gross tonnage: 1971 tons Net tonnage: 1271 tons Combined power: 1323 kW Terms: In accordance with acts of proceeds Dr Nicholas Valenzia noe vs. M/V Leonidas K [Ref. Nr. 14/2018] At t...
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Sep
14

Cross-Border Mergers in Malta post-Brexit

News_Mamo
Dr Maria Formosa Bonello and Dr Annalies Muscat have written an article for Thomson Reuters' Practical Law series on Brexit entitled 'Cross-border mergers after Brexit with Malta'.The article discusses the possibilities and procedures applicable to UK companies wishing to merge with Maltese companies after Brexit. ' The article can be accessed here (or by clicking below)' Download PDF Disclaimer This document does not purport to give legal, financial or tax advice. Should you require further information or legal assistance, please do not hesitate to contact Dr. Ma...
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