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ARTICLE · 03 FEBRUARY 2026

Fresh Bench, Same Result: Court Rejects Second Article 402 Action

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On the 17 October 2025, the First Hall Civil Court (the "Court"), presided by Mr. Justice Mark Simiana delivered judgment in the names James Cassar & Marcelle Mangion nee Cassar...

MaltaCorporate/Commercial Law
Krista Refalo
Krista Refalo
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On the 17 October 2025, the First Hall Civil Court (the "Court"), presided by Mr. Justice Mark Simiana delivered judgment in the names James Cassar & Marcelle Mangion nee Cassar (the "Plaintiffs") vs Cassar Bros. Giftware Ltd & Adrian Cassar (the "Defendants"). The Court confirmed that an earlier decision based on Article 402 of the Companies Act, albeit by a differently constituted court was correctly decided and did not warrant a different outcome.

Background

The Plaintiffs filed proceedings following a decree decided on the 16 December 2021 (the "Decree") requesting the Court to re-examine their claims which had previously been rejected by the Court differently presided. These proceedings were filed under Article 402 of the Companies Act (Chapter 386 of the Laws of Malta) (the "Act").

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