Holiday Resort Limited was yesterday ordered to pay a British tourist the sum of Lm63,700 in compensation after she fell near the swimming pool of the Sunny Coast Resort Club, suffering a disability as a result.

Doris May Mountfield filed for damages after she fell by the poolside in August 1987, claiming that the company had not taken precautions to ensure that the area was safe for those using it.

The company, on the other hand, said that it had bought out the previous owners, Ta’ Kella Ltd after the accident had taken place. It had also said that the local courts had no jurisdiction as the company was registered in the Isle of Man, in the UK.

However, the court did not accept the submissions put forward by the company. The court, presided over by Mr Justice Tonio Mallia, heard testimony by various local surgeons who said the victim had suffered varying percentages of disability after the fall. The court said it felt that an average reading of all the experts (40 per cent) was the best way to calculate the formula for compensation.

The court also remarked that the victim was 48 when the she fell and subsequently had to retire at the age of 58, rather than 65, as she could not continue to work due to the disability she suffered.

The court also noted that the victim had lost her independence. The court worked out a compensation formula, ruling that the defendants should pay Lm63,700 in compensation. The payment will be made as a lump sum.