A claim by Grace Borg and Andrea Milana -that they had an exclusive artist agency and management agreement in respect of singer Thea Falzon Garrett was dismissed by the courts on the basis that the singers parents could not have signed on her behalf without the authorisation of a court. Ms Borg and Mr Milana claimed that they had entered into an agency and management agreement with Ms Falzon Garretts parents on November 1, 2009 when Ms Falzon Garrett was still a minor. Ms Falzon Garrett turned 18 on March 15 of the following year. In terms of the agreement her parents signed on her behalf, Ms Borg was appointed personal manager and sole and exclusive director coordinator to represent Ms Falzon Garrett in all aspects of the entertainment industry. Ms Borg was to receive 15 per cent of the income earned by the artiste during the operative term of the contract, which was valid for one year. Ms Borg claimed that she was owed €18,000 for the services she had provided Ms Falzon Garrett. In her judgement, Madam Justice Lorraine Schembri Orland said that the issue to be examined was whether Ms Falzon Garrett was bound by a contract entered into by her parents on her behalf while she was still a minor. In terms of law, the parents of a minor were entitled to perform acts of extraordinary administration on behalf of the child, but they could not dispose of the childs property or create any charges on a childs property without the prior consent of the court. This was because the court had to examine whether the childs best interests were being protected. In this case, the agreement entered into by Ms Falzon Garretts parents created obligations on the part of both Ms Borg and the singer. This meant that her parents had carried out an act of extraordinary administration without the courts authorisation, which was necessary. The court, therefore, ruled that the agreement was not legally binding on Ms Falzon Garrett and dismissed the claim against her.
Posted on: Thu, 06 Nov 2014 16:41:53 +0000
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