A private hospital is suing the chief government medical officer for refusing to issue a licence for an out-patients dispensary.

Angelo Xuereb and Capua Palace Limited filed a writ of summons in the Civil Court requesting a declaration that the CGMO's refusal to issue a licence was ultra vires the powers granted him at law.

The plaintiffs explained that the company was licensed to operate Capua Palace Hospital in Sliema and the hospital had filed an application for a licence to run an outpatients dispensary within its premises in May 1996.

They said it satisfied the criteria contained in the regulations for hospital licences and the right to operate an outpatients dispensary in a hospital was included in the right to operate a hospital that had both in-patients and outpatients.

Xuereb and Capua claimed there was no valid reason at law for their application to be refused.

Although six years had elapsed from the application for the outpatients dispensary, no licence had been issued by the CGMO.

This delay constituted an abuse of the CGMO's powers, for the lack of a decision was not motivated by any legal considerations.

They said the CGMO had, by means of a judicial letter dated May 16, dismissed a formal request for the issue of a licence in a judicial protest dated February 22.

Xuereb and Capua also called on the court to declare the CGMO's administrative act null and void, to order him to approve their application for the licence and to condemn him to make good the damages sustained.

Dr Kris Borg signed the writ.