The Companies Act allows the Court to have a wide discretion to appoint administers of companies in liquidation. This was held in a judgement delivered…
Malcolm MifsudMay 22, 2020
The element of consilium fraudis is satisfied if it is proven that the act in question prejudiced the rights of the creditors.
Malcolm MifsudMarch 22, 2019
A person who is being charged with a crime committed when holding a position in a company, must have this indicated in the charges brought…
Malcolm MifsudJuly 28, 2017
The fact that one gas distributor also filled the gas cylinders of competitors caused confusion to consumers and therefore constituted unfair competition. This was decided…
Malcolm MifsudJune 9, 2017
It is not sufficient for a witness to simply testify on a document if it is not produced in court. This was held by the…
Malcolm MifsudJune 2, 2017
The Court of Appeal held that from the evidence produced and the agreements signed, a former shareholder had correctly paid a bank loan, although he…
Malcolm MifsudJanuary 6, 2017
The First Hall of the Civil Court upheld a warrant of prohibitory injunction requested by one company against another, since it proved that it had…
Malcolm MifsudSeptember 30, 2016
In a bid to protect a minority shareholder, the First Hall of the Civil Courts ordered that a new director be appointed on the board…
Malcolm MifsudSeptember 16, 2016
If a plaintiff is unsuccessful in proving a ground invoked in liquidation proceedings, the court cannot presume that there are other grounds. This was decided…
Malcolm MifsudFebruary 25, 2016
