Judges decree companies' appeal frivolous

The Court of Appeal yesterday dismissed an appeal filed from a judgment of the First Hall of the Civil Court and ordered companies to pay double costs on the grounds that the appeal was frivolous.

The judgment was delivered in the case filed by Mizzi Antiques Ltd and Millennia Ltd against the Police Commissioner.

The two companies alleged that the closure of the shop Mizzi Antiques in Marsa by the police on two occasions in 2000 and 2001 was illegal and abusive and they asked the First Hall of the Civil Court to order the Police Commissioner to make good the damages they had sustained.

The court heard that the shop's permit was issued in favour of Mizzi Antiques Ltd while the business was run by Millennia Ltd.

The Police Commissioner submitted that the court case had not been filed within the legal time limit of six months.

In its judgment, the First Hall of the Civil Court upheld the Police Commissioner's plea and dismissed the companies' writ.

The companies then appealed to the Court of Appeal, composed of Chief Justice Vincent Degaetano, Mr Justice Joseph D. Camilleri and Mr Justice Joseph Filletti.

The court heard that the police had ordered the closure of Mizzi Antiques on Sundays and had instituted criminal proceedings against Desmond Mizzi, a director of the companies.

The companies submitted that the shop had not been closed for valid reasons because they had all the necessary licences and they had informed the police that they would be holding fairs at the shop on various occasions, including Sundays.

The Court of Appeal declared that it concurred with the judgment of the first court and confirmed that the action had not been filed by the companies within the legal time limit.

The first court had heard arguments by the companies that they could not file the action until such time as the police case against Mr Mizzi was decided.

However, the first court said that case-law had established that the six-month time limit could not be extended and that such period commenced on the day the companies had been officially notified with the decision taken by the police. As a result, the companies' action was found not to have been filed in time.

The Court of Appeal confirmed the first court's judgment and added that the appeal lodged by the companies was frivolous. The court ordered the two companies to pay double the costs of the litigation.