ARTICLE
8 November 2018

Clear Indication That Appearing On Behalf Of A Company Is Required

MT
Mamo TCV Advocates

Contributor

Mamo TCV Advocates logo
Mamo TCV Advocates is one of Malta’s top-tier law firms, with significant depth and expertise across a broad range of practice areas. Mamo TCV has assisted clients in complex transactions and has become the preferred correspondent in Malta for some of the leading international legal firms.
However, the Court disagreed with this argument, remarking that a person's debt can be paid by a third party.
Malta Litigation, Mediation & Arbitration

The Court of Appeal (Superior) rejected the argument that the defendant intended to appear on behalf of a company (Sovereign Hotels Ltd) through the use of the letters 'c/o' (care of) in the case of Joinwell Ltd v. Ronald Azzopardi, decided on the 5th of October 2018. The Court indicated that it was a well-known fact that the letters 'c/o' were a mere indication of where correspondence should be directed and also observed that, unlike the defendant, the representative of Joinwell Ltd had clearly indicated that he was signing 'for and on behalf of Joinwell Ltd'.

The defendant argued that he had not meant to appear in his own name and this was apparent from the fact that the bills of exchange had been issued in the name of Sovereign Hotels Limited. However, the Court disagreed with this argument, remarking that a person's debt can be paid by a third party.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More