A man donated his property to two relatives to try to get out of paying compensation to a woman he had injured in a New Year’s Eve party, and a judge yesterday declared the donation null.

Ms Cassar claimed Mr St John had tried to defraud her of obtaining payment

Joanne Cassar had filed a court case in 1981 claiming damages for a permanent injury she had suffered when Joseph St John attacked her in Sliema in 1979.

People at the party had started throwing things such as paper napkins at each other, the court heard. Ms Cassar’s father got angry and threw a glass, which landed and broke behind Mr St John’s table.

Mr St John attacked Ms Cassar’s father and punched Ms Cassar in her left eye. The case was finally decided nearly 30 years later, in July 2009, when the court awarded Ms Cassar €226,313.67 in damages after concluding that Mr St John had caused her a permanent disability of 24 per cent.

But Ms Cassar claimed Mr St John had tried to defraud her of obtaining payment. Before the final judgment was delivered in 2009, he had donated his immovable property to William St John and Tyrone St John by notarial deed. She filed another case asking the court to annul the deed.

In yesterday’s judgment, the court ruled that a creditor was legally entitled to attack the validity of any act performed by his or her debtor that was aimed at diminishing the creditor’s chances of getting paid.

The court heard that the donation had been made four months before the judgment was delivered and as a result Ms Cassar was deprived of redress.

The court, presided over by Mr Justice Lino Farrugia Sacco, found in favour of Ms Cassar and declared the deed of donation to be null and void.

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