Lord Roche.-

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 8th 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 30th 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 10th April 1941 (Ex. 2), addressed by the appellant to the Staff Captain, H. Q., the appellant