A donation of immovable property four months before the owner was ordered by the court to pay damages to a victim has been declared null and void.

The court heard that Joanne Cassar had filed a case against Joseph St John in 1981 claiming damages for a permanent injury she had suffered after Mr St John attacked her at a New Year's Eve party in 1979.

When the case was decided in July 2009, Ms Cassar was awarded €226,313.67 in damages after the court, also presided over by Mr Justice Lino Farrugia Sacco, concluded that Mr St John had caused her a permanent disability of 24 per cent after he had punched her in the left eye.

Ms Cassar claimed that Mr St John tried to defraud her of her payment by donating his immovable property by notarial deed to William St John and Tyrone St John four months before the final judgement was delivered in 2009.

She then filed another court case in which she requested the court to annul the notarial deed.

The court today ruled that a creditor was legally entitled to attack the validity of any act performed by his or her debtor which was aimed at decreasing the creditor's chances of getting paid.

 

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