ANTONIO BUTTIGIEG Vs. STEPHEN H CROSS

JUDGEMENT

(1.) This is an appeal by leave of His Majesty's Court of Appeal (Civil Hall), Malta, from a judgment of the said Court of Appeal, dated 8 November 1943, allowing an appeal by the respondent, Brigadier Geoffrey F. H. Stayner on behalf of the Competent Military Authority (hereinafter referred to as H. Q.) from the judgment of His Maiesty's Civil Court, First Hall, dated 30 July 1943.

(2.) The main question falling to be determined in this appeal is whether the Competent Military Authority in Malta, now represented by the respondent, Brigadier Normal Salew, is liable to the appellant in damages for alleged breach of contract in and about the opening by the appellant of Maxim Club Valetta, by reason of H. Q. placing the said Club out of bounds to service members.

(3.) The facts are as follows : In April 1941, it was proposed by H. Q. that a Club for officers serving in His Majesty's Forces should be opened in Valetta, and the appellant, who was the proprietor of the Monico Bar, Valetta, was approached on behalf of H. Q. with a view to his becoming manager of the Club. In his letter of 10 April 1941 (Ex. 2), addressed by the appellant to the Staff Captain, H. Q., the appellant stated hiswillingness to take on lease certain premises, and to fit them up for the use of the Club, and he asked H. Q. to procure for him a licence similar to that held by certain other named establishments which would enable the appellant to continue the Club after the termination of the war. According to the evidence of the appellant, H. Q. failed to obtain such a licence for the appellant as the police were unwilling to grant it. The appellant was informed of this by Captain Longsdon on behalf of H. Q. and, according to the appellant, Captain Longsdon then used these words : "I (the appellant) should have a guarantee 'seeing that the war was not likely to come to an end quickly and that the Club would be kept open throughout the war'."