Wins over €12,000 for hidden defect

An appeals court yesterday confirmed a judgment that awarded a woman €12,229 in damages after it was established that a property she had bought had a hidden defect.

Joanne Fenech had instituted legal proceedings against Mario and Carmen Laganà in the First Hall of the Civil Court claiming a garage she bought from them in San Pawl tat-Tarġa had a hidden defect. She demanded damages amounting to €12,229 being the difference between the purchase price she paid and the sum she would have been willing to pay had she known about the defect.

In October 2006, the Civil Court upheld her request but the Laganàs appealed and the Court of Appeal overturned the first judgment, finding in favour of Mr and Mrs Laganà.

Ms Fenech then filed an action for retrial of the Court of Appeal’s judgment on the basis that the appellate court had made a wrong application of the law and was mistaken.

On March 26, 2010 another Court of Appeal found in favour of Ms Fenech and concluded that the original Court of Appeal had based its judgment on an error in the records of the case. The Court of Appeal yesterday confirmed the judgment of the First Hall of the Civil Court and ordered the Laganàs to pay Ms Fenech.

Lawyer Leslie Cuschieri appeared for Ms Fenech.