Court Notices published in Govt. Gazette no 20,842 of 22nd April 2022

By order of the Court of Appeal on 21st February, 2022, in the records of Application number 685/14/1, in the names FIMBank plc (C17003) vs Food World Limited (C51148) et sequitur in terms of Article 187 (3) et sequitur of Cap. 12.

By means of an application of appeal by the company FIMBank plc (C17003) ('Fimbank' or 'Bank') this company appealed against the judgment of the Honourable First Hall of the Civil Court of 29th May, 2019, which decided by upholding the first plea of the nullity raised by some of the defendants and, therefore, non-suited all of the defendants.

The Bank had entered into an agreement dated 19th November, 2010, with Food World Limited to sell meat and other food products to its customers. Under the Factoring Agreement, the Bank advanced money to Food World, and Food World ceded to the Bank the credits owed to it by its customers, within the scope of the facility that Food World had with the Bank.

… omissis …

The defendant debtors of the debts ceded in favour of the Bank are persons listed in this appeal, with each of the debtors accepting the relative assignment relative to him.

The Bank did not receive any payment from any of the Debtors of the invoices for which payment was requested through this lawsuit, so a Notice of Default was sent to each of the Debtors.

… omissis …

The Bank's ground of appeal consists in the fact that the First Hon. Court made a wrong evalution of the law when it decided to uphold the plea of nullity raised by some of the defendants.

Contrary to the decision of the First Court, the Bank respectfully submits that the sworn application it has filed satisfies the requirements of section 156 (1) of Cap 12 and thus no nullity exists.

… omissis …

The Bank submits that it presented the case as it did precisely because of the connection that exists between all the defendants. The amounts owed to the Bank are connected – all result from the assignment made by Food World in favour of the Bank, against the background of the Factoring Agreement, which assignment includes debts that each debtor had towards the same Food World as manifested by the relative invoices.

… omissis …

The Bank did not violate any provision of the law or the various teachings of the Courts, and submits that, not only was there no violation of form, but it is certain that the defendants suffered no prejudice.

… omissis …

The amounts due to the Bank are connected – all of which result from the transfer made by Food World in favour of the Bank, against the background of the Factoring Agreement, which includes debts that each Debtor had towards the same Food World, as evidenced by the relative invoices.

… omissis …

There was no contradiction between the premises/reasons and the claims, or between the Bank's own claims. The judgements cited by the First Court indeed strengthen the Bank's position. The Bank further submits that the relationship of the connection between the premises and the claims also results from the sworn application. It was so clear what the Bank had in mind that one of the defendants paid up and the case was ceded in her regard.

… omissis …

Therefore, while the Bank reserves the right to make submissions as the case may be, it humbly requests the Court to accept the Bank's ground of appeal, revoke and quash the judgement of 29th May, 2019, and send the records of the case back to the the First Hon. Court so that the case continues to be heard.

With costs of both instances against the defendants.

Application number 685/14/1 in the names FIMBank plc (C17003) vs Food World Limited (C51148) is adjourned for the hearing on 10th May, 2022, at 9.00 a.m.

Notify Respondents:

1) Food World Limited (C51148) 6, Ħandaq Cold Stores, Anton Complex, Triq Tal-Ħandaq, Ħal Qormi
2) Ryan Schembri (ID 0450878M), Sebħa No. 2, Triq il- Kortin, Mellieħa
3) Angie Schembri (0321875M), Sebħa No. 2, Triq il-Kortin, Mellieħa
4) Cassar and Schembri Marketing Limited (C33174), Anton Complex, Triq Tal-Ħandaq, Ħal Qormi
5) Etienne Cassar (0140472M) 33, Triq il-Kaħwiela, Ħaż-Żabbarr
6) Carmen Nathalie Cassar (ID 0117771M), 33, Triq il-Kaħwiela, Ħaż-Żabbar

Registry of the Superior Courts (Appeals), this day 20 ta' April, 2022

DR FRANCO BONDIN, LLD, M. JUR.
for the Registrar, Civil Courts and Tribunals