The health authorities are appealing against a court decision ordering them to pay an architect around €809,500 for plans he drew up to convert Zammit Clapp Hospital into an oncology hospital.

The appeal, filed by the Government’s Chief Medical Officer, is contesting a decision in October by former judge Ray Pace who ruled that Valerio Schembri was entitled to payment for plans that remained unused when the Government opted to build a new oncology hospital next to Mater Dei Hospital, instead of using Zammit Clapp.

The health authorities said Mr Schembri was “aware of the fact” that the work he was demanding payment for was not “the work for which he had tendered”.

They also contested the payment of more than €5,300 for expenses incurred by Mr Schembri. “It’s a fact accepted by both parties that the works carried out by the architect, for which he is expecting payment, is based on an extension of tender.”

None of the documents reveal that the authorities had promised to pay for Mr Schembri’s expenses except for works connected to the oncology centre project.

The fees he was demanding payment for were not included in the contract and, therefore, the health authorities did not have to pay, the appeal states.

Lawyers Brigitte Gafa, Susan Sciberras and Adrian Mallia filed the appeal.