A court in Gozo has ordered the Water Services Corporation not to threaten to disconnect the water and electricity supply to a private residence as the residents were not liable for debts incurred by a third party.

Roger Portelli told the court that he lived in Munxar, Gozo and that the WSC was threatening to suspend water and electricity supplies to his home unless he paid arrears due by the Duke of Edinburgh Hotel in Victoria Gozo. The hotel was operated by Restaurants & Hotels Ltd and Mr Portelli was one of the company directors. However, he told the court that he had never been personally involved in the commercial activity of the hotel.

Magistrate Paul Coppini heard that the hotel was originally owned by Mr Portelli’s father, Pawlu, who had leased it to Restaurants & Hotels Caterers Co Ltd in 1963. The meter was originally in Pawlu Portelli’s name and it did not result that the WSC had changed its billing details.

The court declared that it clearly resulted that the WSC was fully aware that the hotel was leased to and managed by this company. Furthermore, payments were made by the hotel and not by Mr Roger Portelli.

In its judgment the court noted that the confusion in the billing details held by the WSC was due to the corporation’s employees who had not been consistent in their work. Roger Portelli was only a company director and could not be held personally liable for dues of the company.

The court therefore upheld Mr Portelli’s case and held that he was not personally liable for the company’s debts. The WSC was ordered to not suspend the water and electricity supply to Mr Portelli’s residence.

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