A company which is owed money from a company which has been struck off the Companies Register may ask the Court to revive the company…
Malcolm MifsudMarch 13, 2024
Once a plaintiff defaulted on his obligations contracted with a defendant, the same defendant had every right to abandon the business set up with the…
Malcolm MifsudOctober 18, 2023
The Court ruled that when contractual obligations are outlined clearly in writing, such contractual obligations must be honoured and other interpretations should not be taken…
Charlene Baldacchino GauciJanuary 29, 2023
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…
Malcolm MifsudDecember 18, 2022
The Court will dissolve an agreement containing a tacit resolutive condition when there are grave reasons substantiating the claim. This was held by the Court…
Malcolm MifsudJuly 24, 2022
The Reputation of fellow shareholders may be considered as a grave circumstance which would allow the Court to order the liquidation of the company. This…
Malcolm MifsudMay 22, 2022
The Commercial Court asked Ministers to repeal Legal Notice 373/2020, which had suspended the winding up of companies as part of the pandemic measures taken.…
Malcolm MifsudMay 15, 2022
The involvement of a third party in a contract of works puts in doubt the juridical relationship between the parties. This was held in Rasem…
Malcolm MifsudMay 9, 2021
A commercial account between two companies starts not when the order was effected but when the account is liquated. This was held in a judgement…
Malcolm MifsudMarch 28, 2021
