Court rules against suspension of water and electricity service

The Water Services Corporation and Enemalta Corporation were ordered not to disconnect the water and electrical supply of a private residence because the occupiers could not be held liable for debts incurred by a third party.

Roger Portelli, of Munxar, filed a case against WSC and Enemalta in the Gozo court after the corporations threatened to suspend the supply to his home unless he paid arrears due by the Duke of Edinburgh Hotel in Victoria.

The hotel used to be operated by Restaurants & Hotels Ltd of which Mr Portelli was a director. However, he told the court he had never been personally involved in the hotel’s commercial activity.

Magistrate Paul Coppini yesterday heard the hotel was originally owned by Mr Portelli’s father, Pawlu, who had leased it to Restaurants & Hotels in 1963. The water and electricity service was originally registered in Pawlu Portelli’s name and it did not result the corporations had changed the billing details.

The court said the corporations were fully aware the hotel was leased to and managed by the company. Furthermore, payments were made by the hotel and not by Roger Portelli.

The court said the discrepancy in the billing details held by the corporations was due to the employees failing to be consistent in their work. Roger Portelli was only a company director and could not be held personally liable for the company’s dues.

The court upheld Mr Portelli’s request and the corporations were ordered not to suspend the water and electricity supply to his residence.