The parents of Malta’s representative at the 2010 Eurovision Song Contest had no right to sign a contract on her behalf, a judge ruled yesterday.

Grace Borg and Andrea Milana, in their personal capacity and on behalf of Exotique Record Label, claimed they had entered into an agency and management agreement with Thea Falzon Garrett’s parents on November 1, 2009 when the singer was still a minor.

She turned 18 on March 15 of the following year, when she had represented Malta at the Eurovision Song Festival in Oslo.

In terms of the agreement, Ms Borg was appointed personal manager and sole and exclusive director coordinator to represent Ms Falzon Garrett in all aspects of the entertainment industry.

Ms Borg would receive 15 per cent of the revenue made by the singer during the operative term of the contract, which was valid for one year. Ms Borg claimed she was owed €18,000.

Court had to examine whether child’s interests being protected

Madam Justice Lorraine Schembri Orland, sitting in the First Hall of the Civil Court, said that what had to be examined was whether the young singer was bound by a contract signed by her parents on her behalf when she was still under 18.

Legally, parents were entitled to perform acts of extraordinary administration on behalf of a minor child but they could not dispose of the child’s property or put any charges on a child’s property without the prior consent of the court. It was the court that had to examine whether the child’s best interests were being protected.

In this case, the agreement entered into by Ms Falzon Garrett’s parents led to obligations on the part of both Ms Borg and the singer. This meant the parents had carried out an act of extraordinary administration without the court’s authorisation.

Therefore, the agreement was not legally binding on Ms Falzon Garrett.