Court dismisses claim over war damage compensation

The Court of Appeal yesterday overturned a judgment of the First Hall of the Civil Court and concluded that a claim filed by a family against the War Damage Commission had not been filed within the legal time limit.

In 1971, Emanuele Barbara had filed a writ of summons against the Commission and had requested the First Hall of the Civil Court to annul a compensation award made by the Commission in respect of property the family owned at Marsa. The case was continued by Mr Barbara's heirs after his death.

It resulted that in 1952, the Barbara family had bought property at Timber Wharf, Marsa from the National Bank of Malta.

The contract of sale had stipulated that any compensation due by the Commission for damages caused to the property by enemy action was to be paid to the Barbara family.

After the purchase, the Barbara family had requested the Commission to pay it the cost of the reconstruction of the property.

The Barbaras submitted that they would pay a total of £45,251 for the property. But, in 1966, the Commission had awarded the Barbaras the sum of £28,485. The Barbaras told the court that they had started reconstruction works on the property prior to the Commission's award, and they had spent £37,150 and had still more works to carry out.

In 1968, the Commission paid the Barbaras £28,485, but they refused to accept this sum. In 1971, they requested the First Hall of the Civil Court to annul the Commission's award and to award them compensation.

The First Hall of the Civil Court had, in 2003, found in favour of the Barbaras and had annulled the Commission's award on the basis that it was ultra vires.

However, the court did not liquidate the payment due to the Barbara family.

The Commission (which in 1990 was substituted by the Director of Social Housing), appealed to the Court of Appeal composed of Chief Justice Vincent Degaetano, Mr Justice Anton Depasquale and Mr Justice Albert Magri, and claimed that the Barbaras' claim against it had been filed after the lapse of two years from its award.

In yesterday's judgment, the Court of Appeal said that the Civil Code provided for the extinction of the action for damages (not resulting from the commission of a crime) after two years.

An administrative action carried out through an abuse or excess of power gave rise to an action for damages, and the court ruled that such action had to be exercised within two years.

The Commission had made its award to the Barbara family in September 1968, and the family had filed its writ in 1971, over two years from the award.

The Court of Appeal, therefore, overturned and revoked the first court's judgment and dismissed the Barbara family's claim.