Friday, March 29, 2019

Appeals Court rejects PM request to split lawsuit filed by Opposition Leader

The Court of Appeal has rejected an appeal filed by Prime Minister Joseph Muscat, the Attorney General and the Lands Authority in which it was asked to split up the lawsuit filed by Opposition Leader Adrian Delia demanding the annulment of a contract signed between the government and Vitals Global Healthcare (VGH).

On the 19 February last year, shortly after a concession for the running of three of Malta's public hospitals was transferred from Vitals Global Healthcare to Steward Heath Care, Delia filed court proceedings asking for the annulment of the concession agreement.

The government, Delia had said, had no right to authorise the transfer of the concession from VGH to Steward, given that VGH has breached the terms of the contract in a number of instances.   

Back in May, the Prime Minister, Attorney General and the Lands Authority had raised a preliminary plea claiming the lawsuit was inadmissible since it could only have been filed up to the date when the final deed was signed.

But in a decision handed down this morning by Chief Justice Joseph Azzopardi, Mr. Justice Joseph R. Micallef and Mr. Justice Tonio Mallia the appeal was dismissed and the case ordered to continue.

The court saw the reasons upon which the appelants founded their appeal and said that it didn't see a reason to interfere with the discretion of the first court and revoke its provision.

There was nothing binding the court that gave the interlocutory decree from changing its mind if given good reason, said the judges.



from The Malta Independent https://ift.tt/2WvekCi
via IFTTT

No comments:

Post a Comment