A judge has revoked a garnishee order against the Mosta local council after noting that it had a steady stream of government income and was in a position to guarantee payment of any debt.

Mr Justice Joseph Azzopardi delivered the judgment following an application by the council itself against Tal-Ġeneral Co. Ltd, which had demanded the issue of a garnishee order for €240,400, claiming it was owed the money by the council for works it carried out in the locality.

The council pointed out that no warrants, including garnishee orders, could be issued against the government.

A local council formed part of local government and was, therefore, exempt in the same manner.

The council further submitted that there was no reasonable need for the order to remain in force.

The court pointed out that, although the council had a legal personality that was separate and distinct from that of the government, this, in itself, did not mean that the council enjoyed the same immunity as the government when it came to the issue of warrants.

On the other hand, the court noted that councils were funded by the government, which gave them regular hand-outs for the management of each locality. This guaranteed that the councils could meet their obligations.

The court, therefore, found that the issue of the order was not reasonable and ordered its revocation.