Updated March 24 - Added Polidano Group statement

A civil court today turned down a request by property magnate Charles Polidano for the revocation of a garnishee order to the tune of €80,000 issued against him in the course of proceedings over a claim for personal damages.

Joseph Thomas Vella, a Go plc employee, obtained the precautionary warrant last December after instituting a civil suit against Averton Properties Ltd and Mr Polidano, one of the company's directors.

As a Go worker, Mr Vella had been seriously injured after falling down an uncovered shaft concealed behind an unlocked door, inside a block of apartments under construction at Tower Road, Sliema. The block was owned by the defendant company whose directors included Mr Polidano.

The worker filed an action for personal damages suffered as a result of the accident which took place on November 14, 2014.

Mr Polidano objected to the warrant claiming that the building site where the accident occurred was owned by Averton Properties Ltd and that therefore he could not be held personally liable for damages. As a director and legal representative of the company, he had no juridical or contractual relationship with Mr Vella, the businessman argued.

Furthermore, Averton Properties Ltd had an insurance policy which was sufficient to cover any eventual liquidation of damages. 

It was also alleged that the warrant was having an adverse effect upon Mr Polidano's business interests and that his employees' wages had been frozen.

The court however observed that Mr Polidano had not provided sufficient proof that the insurance policy could effectively cover any eventual liquidation of damages.  

Moreover, although Mr Polidano was a well-known and successful businessman, one could not tell which part of his extensive property was hit by hypothecs, bank guarantees or other warrants, the court remarked.

Besides, if his workers' wages had been frozen, these too could have a claim against the defendant.

The court therefore declared that the garnishee order against Mr Polidano was to stand pending the duration of the law suit to ensure the payment of any eventual liquidation of damages in favour of Mr Vella.

Order had already been revoked - Polidano Group

In a statement issued to the press, Polidano Group management said that the garnishee order in question had been revoked by the plaintiff in a court hearing held on February 8. 

"Since there was no hearing for the request to the civil court made by [Mr] Polidano to revoke such garnishee the court deciding on same might have not been aware that the garnishee the court was deciding on had been already revoked by the plaintiff," the company said. 

The company submitted a copy of the counter-warrant as evidence of its claims (see attached pdf). 

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