Two firms found in contempt of court

Two companies that were found to have violated the terms of a warrant of prohibitory injunction issued against them in 1998 were yesterday fined Lm500 by Mr Justice Noel Cuschieri sitting in the First Hall of the Civil Court.

The court heard that in 1998 D Burke Company Limited had filed an application for the issue of a warrant of prohibitory injunction against M of Time Limited and against Sunshine Investments Ltd. The First Hall of the Civil Court had prohibited respondents from making use of a sound system and causing excessive noise and vibrations in walls and structures.

Following the decree, D Burke Co. Ltd had again filed legal action requesting the court to take action against respondents for contempt of court on the basis that respondents had continued their activities and were flouting the terms of the warrant of prohibitory injunction. The Court Registrar then filed proceedings for contempt of court against M of Time Ltd and Sunshine Investments Ltd.

Respondents pleaded that they had not been served with the warrant of prohibitory injunction. Consequently, they could not be found to be in contempt of an order they were not aware of.

However, after examining the records of the warrant originally issued, Mr Justice Cuschieri noted that the court marshals had certified that they had notified the representatives of respondent companies. Respondents' pleas were therefore dismissed.

The court added that decrees had to be observed and it therefore condemned respondents to pay a total of Lm500 by way of a fine for being in contempt of court.