The law report of May 27 was titled Rescission Of Contracts: Fraudulent Act Must Be Reversed To Restore Creditor’s Position.
I assume that the report is accurate and represents the official sentence given by Mr Justice Lino Farrugia Sacco on March 8.
The following dates are mentioned: March 10 and 18 March 18, 2009, when two contracts of donation by Joseph and Mary St John were published.
On May 25, 2009 Joanne Cassar applied for a prohibitory junction, which was provisionally accepted by the same judge. On July 9, 2009, the judge decreed that Joseph St John was responsible for 75 per cent of the injury and awarded Cassar €226,313 damages, thereby declaring St John as debtor to this amount. On July 16, 2009, Cassar filed legal proceedings against St John and his family to rescind the two contracts of donations published in March 2009.
The sentence was passed on May 8, 2013. Allow me to ask: when did the St John family become debtors and Cassar a creditor?
I am unable and not qualified to interpret the various court cases quoted in the report but they all make reference to the words ‘creditor and debtor’.
When did St John actually become a debtor of Cassar? Why did the court use the words “debtor”, “creditor” and “fraud” when the donations were published by a notary four months before the sentence?
If Cassar was injured in 1979 and started her court case for damages in 1981, why did she request a court injunction against St John just 10 weeks after both donation contracts were published and 28 years after she filed her case? An earlier request for an injunction would have safeguarded her interests and prevented St John from donating his property. The contracts for donations were signed four months before the court declared St John as ‘debtor’. Presumed innocent until proven guilty!
The first court case of 1981 was decided by Mr Justice Farrugia Sacco. Why had it been the same judge that authorised the injunction provisionally in 2009 and why did the same judge hear another related court case when he had already passed judgment on a previous litigation between the same parties?