A man has obtained a garnishee order against a woman he discovered was not his biological daughter and is now suing her for the amounts he spent on her after she came of age. 

The court heard how the man is expecting the woman to refund expenses he made from when she turned 18, when he discovered that she was not really his daughter. No details were given on how long before she had known this. 

The court found that his original €25,000 claim was not fully substantiated, so reduced the amount of the garnishee to €21,800, based on evidence the man has produced in court.

Mr Justice Christian Falzon Scerri ruled that at this stage of the proceedings, when the court is only dealing with a request for a garnishee order, it does not enter into the merits of the request but must ensure that the amount being demanded is substantiated. The judge said the man would then need to prove his case in court. 

In an application in court, the man said the woman and her mother should be ordered to pay him damages because they deceived him by hiding the fact that the woman was not his natural daughter. 

According to the man, the costs he was expecting to be covered were expenses he forked out for upbringing and education, as well as several gifts and other expenses incurred over the years after she became an adult. The price tag he put was €25,000. 

However, in a counter-application, the woman disputed the figure he was expecting the court to freeze through a garnishee order. She said the plaintiff did not bring any evidence to support his claims, even on a prima facie basis. 

The man gave the court a breakdown of expenses, which he expected the woman to cover. Among others, he listed two laptop computers, two iPhones, a two-year mobile phone contract, fuel for her car, a holiday in Milan, other expenses related to travel abroad, including her overseas graduation, a diamond pendant and other related expenses. 

Mr Justice Falzon Scerri said he could not enter the merits of the case as he was only to decide on the request for a garnishee order at this stage. However, he said the court could not rule out that the man did indeed suffer damages if he is able to prove in court that the woman deceived him so that she would obtain the gifts and financial help from him. 

He therefore upheld his request for a garnishee order, reducing the requested amount to €21,800.

According to the man, the costs he was expecting to be covered included expenses he forked out for her upbringing and education.

 

Sign up to our free newsletters

Get the best updates straight to your inbox:
Please select at least one mailing list.

You can unsubscribe at any time by clicking the link in the footer of our emails. We use Mailchimp as our marketing platform. By subscribing, you acknowledge that your information will be transferred to Mailchimp for processing.