Cap. 36 · Prevention Of Disease Ordinance (Cap. 36)
Cap. 36 Art. 32Aggrieved dairyman has right of appeal.
TITLE I
(1) Any dairyman aggrieved by any order made as aforesaid may appeal to the Court of Magistrates (Malta), if the dairy is situate in Malta, or to the Court of Magistrates (Gozo), if the dairy is situate in either Gozo or Comino.
(2) The appeal shall be made by means of an application with a prayer that the said order be varied or reversed.
(3) A copy of such application shall be served on the Superintendent who shall be duly informed of the day appointed, as hereafter provided, for the trial of the cause.
(4) On the said application being filed, the competent court shall appoint the day, not later than six working days from the day of filing, on which the parties shall appear before it.
(5) The court may either make an order requiring the dairyman not to supply any milk, or vary or reverse the order made by the Superintendent.
(6) Pending the disposal of the appeal the order made by the Superintendent shall remain in force.
(7) If the court finds that there had not been sufficient grounds for the order made by the Superintendent and that there are no such grounds for it to confirm such order, the dairyman shall be entitled to receive compensation for any damage he may have suffered in consequence of such order and if such compensation is refused, it shall be recoverable in the competent court.