A garnishee order against the Mosta Local Council was revoked by a court today after it noted that the council received regular payments from the government and was therefore in a position to guarantee payment of any debts.

The judgement was delivered by Mr Justice Joseph Azzopardi following an application filed by the council against Tal-General Co Ltd. The company had requested the issue of the order against it in the sum of €240,400.40 representing the value of works it had carried out in Mosta.

The council submitted that in terms of law no warrants, including a garnishee order, could be issued against the government. A local council formed part of the 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.

In its judgment the court pointed out that the council had a legal personality that was separate and distinct from that of the government. The council did not enjoy the same immunity as the government from the issue of warrants. On the other hand, local councils were funded by the goverment which gave them regular payments for the management of each locality. These payments 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

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