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Court Notices published in Govt. Gazette No. 19,171 of the 22nd November 2013
01/01/2013
Notice 1848
1848It is being notified that by a decree dated 14th November, 2013 given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry, (Magistrate Dr Carol Peralta LL.D.)Compilation number 417/2013 in the case: The Police (Inspector Anna Marie Xuereb) versus Brian Buttigieg, 39 years, property negotiator, son of Saviour and Geltrude née Pace, born in Pietà on the 11th July, 1974 and residing at ‘Mandalay Court’, Flat 3, Ħaż-Żebbuġ Street, Ħ’Attard, and holder of identity card bearing number 312274(M), and Joanne Cutajar, 30 years, housewife, daughter of Consiglio and Josephine née Mallia, born in Pietà on the 19th September, 1983 and residing at ‘Mandalay Court’, Flat 3, Ħaż-Żebbuġ Street, Ħ’Attard, and holder of identity card bearing number 472383 (M), ordered the attachment in the hands of third parties in general all monies and other movable property due or pertaining or belonging to Brian Buttigieg and Joanne Cutajar, and prohibits the said accused from transferring or otherwise disposing of any movable or immovable property, and this according to Article 5 of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta, and of Article 23A of the Criminal Code, Cap. 9 of the Laws of Malta.
The Court ordered that the said accused may continue to receive an amount which will not exceed thirteen thousand nine hundred and seventy six Euro and twenty four cents (€13,976.24) per year.
Dr Yvette Borg LL.D.
f/Registrar
Criminal Courts and Criminal Tribunals
Notice 1849
1849By decree given by the Civil Court First Hall, on 8th November, 2013 on the application of Dr Stefano Filletti noe and on request of Bank of Valletta plc,of Thursday, 30thJanuary,2014athalfpastteninthemorning (10.30 a.m.), has been fixed for the Sale by Auction, to be held on the first floor of these Law Courts of Justice, Republic Street, Valletta, of the following property:
The tenement number one hundred and forty six (146), Triq San Pawl, Valletta, valued at one hundred and seventy five thousand Euro (€175,000).
A building site forming part of lands known as ‘Tal-Ibraġġ’ limits of Qawra, San Pawl il-Baħar, district of Buġibba, that emerge in Qawra Road, with superficially measurements of one thousand three hundred and six point twenty three metres squared (1306.23 square metres), valued at one Euro (€1).
The said tenement is the property of P.T.M. International Limited.
N.B. The said tenement will be sold as described in the acts of the file number 27/13.
Marvic Farrugia
For the Civil Courts and Tribunals
Notice 1850
1850NOTICE
Whereas the plaintiff Diandra Sue Vella (ID No. 329495M) filed an application under oath (No. 231/13RGM) demanding Corrections in her Act of Birth number 3294/1995 in the Public Registry.
Whosoever may have an interest therein, and wishes to oppose that demand, is hereby called upon to do so, by means of a note to be filed in the Registry of these Courts, within fifteen days from the day of the publication of this present notice in the Government Gazette.
Those who within the aforesaid time shall have filed such note shall be notified by the service of a copy of the said application under oath of the day which will be appointed for the hearing of the case.
By order of the Court.
Cora Azzopardi
For Registrar, Civil Courts and Tribunals
Notice 1851
1851By a decree of the Small Claims Tribunal ofthe 27th May, 2013 the publication of the following extract was ordered for the purpose of service in terms of Article 187 (3) of the Code of Organisation and Civil Procedure (Cap. 12).
Mobisle Communications Limited(C24655) of Fra Diego Street, Marsa, filed a Claim on the 17th April, 2013 whereby they asked the Tribunal to condemn Jobi Klaus Peter (ID No. 41335A) ofPanorama Bldgs, Flat 42, Trejqet il-Bajja, San Ġiljan,to pay the plaintiff company the sum of€731.19, which amount is due to the plaintiff company.
With costs andlegal interests.
The case (Claim Number 239/13KPS) is put off on the 9th December, 2013 at 12.30 p.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1852
1852It is being notified that by a decree dated 18th November, 2013 given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry, (Magistrate Dr Claire Louise Stafrace LL.D.),Compilation number 773/2013 in the case:The Police (Inspector Chris Pullicino) (Inspector Sylvana Briffa) versus Steve Galea, 21 years, unemployed, son of Leslie and Margaret née Cordina, born in Pietà on the 25th July, 1992 and residing at 7, Qormi Road, Ħamrun, and holder of identity card bearing number 368692(M), and Lineker David Micallef and Ellie Briffa, ordered the attachment in the hands of third parties in general all monies and other movable property due or pertaining or belonging to Steve Galea, and prohibits the said accused from transferring or otherwise disposing of any movable or immovable property, and this according to Article 5 of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta, and of Article 23A of the Criminal Code, Cap. 9 of the Laws of Malta.
The Court ordered that the said accused may continue to receive an amount which will not exceed thirteen thousand nine hundred and seventy six Euro and twenty four cents (€13,976.24) per year.
DR YVETTE BORG LL.D.
f/Registrar
Criminal Courts and Criminal Tribunals
Notice 1853
1853By a decree of the Small Claims Tribunal ofthe 29th October, 2013 the publication of the following extract was ordered for the purpose of service in terms of Article 187 (3) of the Code of Organisation and Civil Procedure (Cap. 12).
Mobisle Communications Limited(C24655) of Fra Diego Street, Marsa, MRS 1501, filed a Claim on the 19th September, 2013 whereby they asked the Tribunal to condemn Jean Claude Agius (ID 472375M) ofFlat 3, Block P, Triq Helen Buhagiar, Santa Luċija,to pay the plaintiff company the sum of€286.49, which amount is due to the plaintiff company.
With costs and legal interests.
The case (Claim Number 563/13KPS) is put off on the 27th November, 2013 at 12.30 p.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1854
1854By a decree of the Small Claims Tribunal of 29th October, 2013 the publication of the following extract was ordered for the purpose of service in terms of Article 187 (3) of the Code of Organisation and Civil Procedure (Cap. 12).
Go p.l.c. (C22334) ofTriq Fra Diego, Marsa, MRS 1501,filed a Claim on the 18th September, 2013 whereby they asked the Tribunal to condemn Ryan Anderson (ID 47614A) ofFabeola, Flat 1, Triq tax-Xtut, San Pawl il-Baħar,to pay the plaintiff company the sum of€867.09, which amount is due to the plaintiff company.
With costs and legal interests.
The case (Claim Number 551/13KPS) is put off on the 27th November, 2013 at 12.30 p.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1855
1855By a decree of the Small Claims Tribunal of 29th October, 2013, the publication of the following extract was ordered for the purpose of service in terms of Article 187 (3) of the Code of Organisation and Civil Procedure (Cap. 12).
Go p.l.c. (C22334) ofTriq Fra Diego, Marsa, MRS 1501,filed a Claim on the 19th September, 2013 whereby they asked the Tribunal to condemn Mark Stephen Haynes (ID 45404A) ofSt Paul’s Court, Block G, Flat 64, Triq il-Korp tal-Pijunieri,San Pawl il-Baħar,to pay the plaintiff company the sum of €830.35, which amount is due to the plaintiff company.
With costs and legal interests.
The case (Claim Number 557/13KPS) is put off on the 27th November, 2013 at 12.30 p.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1856
1856By means of a decree of the 5th November, 2013 the Court of Magistrates (Malta) ordered the publication of the following extract for the purpose of effecting service in terms of Article 187 (3) of the Code of Organisation and Civil Procedure (Cap. 12).
By means of an Application Number 329/13CSH filed on the 22nd October, 2013 in the records of the garnishee order number 884/2013 in the names Diane Falzon vs Alan Calleja, Alan Calleja (ID 71381M) respectfully submitted as follows:
By the warrant in the names above mentioned, the creditor Diane Falzon blocked the salary of the applicant from his only job with Melita plc.He is receiving €698.81 per month, whilst till today the sum of €3,959.23 was deposited in the Registry.
As results from the statements attached, from these €698.81, Banif Bank is taking €519.38 per month as payments on loans that he has on the home and the car(Doc A and B).So every month the applicant is left with €179.43.
The applicant lives alone and has to maintain himself.Moreover, he and the creditor have a child of one year who is presently living with the creditor and in connection with who there are currently pending procedures before the First Hall of the Civil Court (Family Section).During these proceedings, the Court ordered that the applicant passes to the creditor €200 a month as maintenance for the boy, and half the costs of health and education (see decree 6th May, 2013 Doc C).
As a result of this garnishee order, the applicant does not have enough money to pay the maintenance.Although the creditor knows about the situation, she already initiated proceedings through the police so that the police take criminal action against the applicant on the basis that he is not paying her maintenance.
It is clear that the creditor is abusing of her rights by means of this garnishee order and is causing damage to the applicant. He already offered that she takes the furniture that she can take and he pays her off the balance, as she had in fact requested (Doc D), but until today, the creditor has not given any reply. He also offered that she takes the maintenance which is due to her according the aforementioned decree from monies which are deposited in the records of this garnishee order. Effectively, in these last months, the applicant tried to reach an amicable arrangement with the creditor to resolve all of the pending issues between them, but this was to no avail.
That Art 382(1) of Chapter 12 provides that:
………omissis………
………omissis………
The amount of €179.43 which is remaining in the applicant’s hands is not enough for him to maintain himself and he is seeking the financial assistance of his parents to manage. In addition, he has been placed in the impossible situation of paying the maintenance of his son according the Court’s order, with the risk that he is faced with criminal accusations as a result of this. Accordingly, it is required that this Court, in terms of Art. 382 (1), increases the amount that the applicant receives from his salary by at least €200 (the amount due by him by way of maintenance) to €898.81.
Therefore, for the above mentioned reasons, the applicant requests respectfully this Honourable Court to:
(i) revoke, in terms of the first proviso of Art 382 (1) Cap. 12, the garnishee order in the names mentioned in the amount of €200 per month over and above €898.81 per month from the salary of the applicant;
(ii) declares that the same garnishee order was without effect to the extent that it is so revoked;
(iii)consequently authorises the creditor, in terms of the same Article, to withdraw the sum of €1,200 from the money deposited pursuant to the garnishee order in the names mentioned for the maintenance due till today according to decree given by the First Hall of the Civil Court (Family Section) on the 6th May, 2013 until the present day.
Service: Diane Falzon, Ciantar Associates, 152/9, Naxxar Road, San Ġwann.
In the Courts of Magistrates (Malta)
Magistrate:Dr Consuelo Pilar Scerri Herrera LL.D.
App. Nru 329/2013 CSH
In the names:
Diane Falzon
vs
Alan Calleja
The Court
Saw the application
Orders the service to the counter-party who has five days within which to reply and appoints the case for hearing on the 5th of November, 2013 at noon and this case was postponed to the 27th November, 2013 at 9.00 a.m. before Magistrate Dr Consuelo Pilar Scerri Herrera.
The Courts of Magistrates (Malta), today 22nd November, 2013.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1857
1857By means of a decree given by the Civil Court First Hall, on the 10th October, 2013 in the records of the Sworn Application, in the names Howard Osmond Paul Hodgson vs Rebecca Bonnici et, Application Number 683/13 JZM, the following publication was ordered for the purpose of service of the defendants, in terms of Article 187 (3) et. of Cap. 12.
By means of a Sworn Application filed in the First Hall Civil Court, Application Number 683/13 JZM, in the names Howard Osmond Paul Hodgson, British Passport number 801292081 vs Rebecca Bonnici (ID 63081M) and Matthew Bonnici (ID 257184M) for any interest he may have, on the 15th July, 2013 the applicant Howard Osmond Paul Hodgson, British Passport number 801292081, asked this Honourable Court saving any necessary declaration and or opportune provision:
1. Declare that the premises number 45, in Triq Żebbuġ. Santa Maria Estate, limits of Mellieħa, was afflicted by latent defects on sale, in virtue of a public deed of sale in the records of Notary Anthony Grech Trapani, dated 17th December, 2011 if necessary by the appointment of an architect to evaluate the extent of the relative defects, order that the necessary arrangements be made for the rescission of the deed of sale in the records of Notary Anthony Grech Trapani, dated 17thDecember, 2011 and uphold the other demands in the application, including the liquidation and payment of damages.
With costs and the defendants are summoned so that a reference to their evidence be made.
Notify: Rebecca Bonnici et. 4, Triq ix-Xnien, San Ġwann.
The Sworn Application in the names Howard Osmond Paul Hodgson vs Rebecca Bonnici et, application number 683/13 JZM, has been put off for hearing to the 12th December 2013, at 9.00 a.m.
Adv. Frank Portelli, LL.D.
For the Reġistrar, Civil Courts and Tribunals
Notice 1858
1858By means of a decree given on the 12th November, 2013 by the Rent Regulation Board, in the records of the Sworn Application in the names Advocate Daniel Aquilina (ID 59776M) and Ivan Said (ID 273873M)in their capacity of President and Treasurer on behalfand in representation of San Ġiljan Aquatic Sports Club (ASC) vs Map Trading Limited (C 59817) application number 102/13 GG, the followingpublication was ordered for the purpose of service of the respondent company in terms of Article 187 (3) et seq. ofCap. 12.
By means of an Application filed in the Rent Regulation Board, in the names Advocate Daniel Aquilina (ID 59776M) and Ivan Said (ID 273873M), in their capacity of President and Treasurer on behalf and in representation of San Ġiljan AquaticSports Club (ASC) vsMAPTradingLimited (C-58917) on the 17th October, 2013 the applicant San Ġiljan Aquatic Sports Club (ASC) as duly represented on this deed by the President Advocate Daniel Aquilina and the Treasuerer Ivan Said, asked this Court, to decide according to the demand without proceeding to a hearing in terms of Article 16Aet sequitur of the Laws of Malta and for the reasons premised in the application:
(1) Condemn the defendant company to pay the plaintiff nomine the remaining balance of eighteen thousand two hundred thirty six euro and six cents (€18,236.06), which sum is still due till this day with legal interests from the date of each invoice till the date of effective payment and order the eviction of the respondent company immediately from the original premises leased to it in terms of Article 16A of Cap. 69 of the Laws of Malta.
With costs and commercial interests according to law from the date of the relative invoices till the date of effective payment against the defendant company summoned so that a reference to its evidence be made.
Applicant: Advocate Daniel Aquilina et noe,
San Ġiljan Aquatic Sports Club (ASC)
Ġorġ Borg Olivier Street,
St Julians.
Defendant company: MAP Trading Limited,
Sir Alex,
Ġorġ Borg Olivier Street,
St Julians.
ADV. FRANK PORTELLI LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 1859
1859By a decree given by the Court of Magistrates (Gozo), (Superior Jurisdiction General Section), of the 18th November, 2013 on the application of Lombard Bank Malta plc in the records of judicial sale by auction number 40/2012 in the names of Lombard Bank Malta plc vs Cassar Weaving Ltd et, Monday 13th January, 2014 at 11.00 a.m. and until the highest bid is adjudicated, has been fixed for the Sale by Auction to be held at the Gozo Court’s edifice in Cathedral Square, Victoria, Gozo, of the following property:
Tenement numbers six (6) and seven (7) at Għajn Tuta Street, Fontana, Gozo, property pertaining to Town House Limited valued at €290,000.
A divided portion of the tenement marked one hundred seventy one (171) and one hundred seventy two (172), in Triq tal-Għajn, Fontana, Gozo, pertaining to Anthony Cassar, valued at €21,000.
Tenement number one hundred sixty two (162), Fountain Street, Fontana, Gozo, pertaining to Anthony Cassar, which seems to have been an old building which was demolished, and which consists of a portion of land with two caves on the left hand side, subject to an annual and perpetual groundrent of €163.05, valued at €130,000.
The tenement known as ‘The Wilderness’, previously known as ‘Havana Club’, in Triq Ta’ Pinu, known also as Triq Għarb, at present known as Triq Papa Ġwanni Pawlu II, Għarb, Gozo, pertaining to Angerton Enterprises Ltd., measuring approximately 872 square metres, valued at €2,050,000.
The restaurant without a number known as ‘Il-Mina Restaurant’, previously known as ‘Auberge Chez Amand’, in Triq Papa Ġwanni Pawlu II, previously known as Ta’ Pinu Road, in Għarb, Gozo, pertaining to Angerton Enterprises Limited. The property is in need of extensive maintenance, and is valued at €600,000.
A detailed report regarding the liabilities burdening some of these properties is drawn up by the legal referee Dr Joshua Grech in the records of the judicial sale proceedings.
The said tenements will be sold as described in the report sworn to by AIC Ronald Muscat Azzopardi on the 23rd May, 2013.
Jaclyn Magrin
For the Registrar Gozo Courts and Tribunals