Contractor ordered to pay damages after party black-out

A contractor was yesterday ordered to pay Lm200 in damages after the Small Claims Tribunal concluded that a party had been ruined as a result of a power cut.

The judgment was delivered by Raphael Fenech Adami, as tribunal chairman, after a case was lodged against Enemalta Corporation by Mario Galea.

Mr Galea told the tribunal he had thrown a party on August 18, 2004. However, the party was held in the dark as the electricity supply was cut off 30 minutes before it was due to start.

Mr Galea told the tribunal he had spent Lm800 on this party for about 50 persons.

There was no doubt that the electricity supply had been cut off on that date in the vicinity of Mr Galea's home, and Enemalta submitted that the cut was caused by works carried out by one of the corporation's contractors.

Enemalta further submitted that one of its employees had marked the spots where the contractor was not to excavate because of the presence of underlying energy cables.

However, the contractor still carried out excavation works in the area he was not meant to. The contractor, Schembri Infrastructures Ltd, was called into the litigation.

Dr Fenech Adami said there was no doubt, from the evidence produced, that the contractor was responsible for the energy cut.

The contractor had failed to produce any evidence to rebut the allegations made against him.

However, the tribunal did not award Mr Galea the full sum of Lm800 he had claimed in damages. The party, the tribunal found, had still been held and the food and drink consumed.

Mr Galea was also obliged at law to minimise the damages he had allegedly sustained.

As a result, the tribunal ordered Schembri Infrastructures Ltd to pay Mr Galea Lm200 in damages.

Lawyer Robert Attard represented Mr Galea.