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Court Notices published in Govt. Gazette No. 19,242 of 22nd April 2014
01/01/2014
Notice 643
643By means of a decree, given by the First Hall Civil Court, on the 9th October 2013, in the records of the Sworn Application in the names Director General (Inland Revenue) vs Fricke Martine, application number 545/13 AF, the following publication was ordered for the purpose of service, in terms of Article 187(3) et seq. of Cap. 12.
By means of a Sworn Application filed in the First Hall Civil Court, in the names Director General (Inland Revenue) vs Martine Fricke (I.D. 47856A) on the 5th June 2013, the Director General Inland Revnue, respectfully pleaded;
That EU Council Directive No. 2010/24/EU, namely the Mutual Assistance for the Recovery of Claims relating to Taxes, Duties and Other Measures Order of the 16th March 2010, promotes and regulates collaboration between Member States in respect of recovery of tax or/and duties owed by debtors of one Member State, who are present in another Member’s State territory and other measures.
That the Directive has been implemented in the Laws of Malta by virtue of the said Order transposed in Legal Notice 153 of 2012, which Order has come into force on the 1st January 2012 and that permits the Minister responsible of Finance, otherwise the competent authority to collect the tax owed in the name of other Member States where the debtor is present in Malta.
That in terms of the mentioned Directive, the competent authority of Germany, otherwise the applicant authority has made a claim for assistance to the applicant Director General (Inland Revenue), acting on behalf of the Minister responsible of Finance, so that the applicant recovers tax that is owed to the applicant authority.
That the respondent owes tax to the applicant authority of Germany in the amount of sixteen thousand, six hundred and seventy three Euro (€16,673) as results from the Enforcement Instrument here attached and marked as Doc ‘A’ together with interest due in terms of the Income Tax Acts (Cap. 123 and 372 of the Laws of Malta) which interest starts running from the date upon which this application has been served upon the respondent.
That the respondent has been indicated as being present in Malta and thus the applicant is hereby proceeding to collect the mentioned amount since the same debt is deemed to be owed to the applicant Government of Malta in terms of Article 9 of the mentioned Legal Notice;
That the applicant is satisfied that the requisites imposed by the mentioned Directive have been met with respective to this claim for recovery.
That furthermore, the respondent has a right to a translation of Doc ‘A’ into any of the official languages of the Eurpoean Union or of the requested Member State if available. A document is hereby attached and marked as Doc ‘B’ to inform the respondent that she may request the mentionedtranslation within seven (7) days of service of Doc ‘A’.
To that extent and in view of the above the applicant respectfully requests that in accordance to sub-articles 9(6) and (7) of the mentioned Legal Notice, this Honourable Court in the first instance orders a copy of this application together with the documents hereby attached and marked as Doc ‘A’ and Doc ‘B’ to be served upon the respondent according to Chapter 12 of the Laws of Malta and in the second instance to order the registration of the document hereby attachedand marked as Doc ‘A’ as an official copy such that said document constitutes an executive title.
Applicant: Director General (Inland Revenue) Inland Revenue Department Floriana FRN 0170.
Respondent: 104, Puccini Flat 3, Sir Luigi Preziosi Street, SPB 2715.
The Sworn Application in the names Director General (Inland Revenue) vs Fricke Martine, application number 545/13 AF, has been put off for hearing to the 10th June 2014, at 9.15 a.m.
AVV. FRANK PORTELLI, LLD
For the Registrar, Civil Courts and Tribunals
Notice 644
644By means of a decree given, by the First Hall Civil Court, on the 8th May 2014, in the records of the Sworn Application, in the names Catherine Micallef et vs Kevin Azzopardi et, Applicationnumber 437/13 JRM, the following publication was ordered for the purpose of service of the respondent Anthony Fountain, in terms of Article 187(3) et seq. of Cap. 12.
By means of a Sworn Application filed in the First Hall Civil Court, in the names Catherine Micallef 323953M, Emanuel Micallef 21379M and Omar Micallef 454982M vs Kevin Azzopardi, Anthony Fountain, personally and as Director of the company Aedes Co. Ltd and Helena Holland, personally and as Director of the company Aedes Co. Ltd, on the 9th May 2013, the applicant Catherine Micallef 323953M, Emanuel Micallef 21379M and Omar Micallef 454982M, asked this Honourable Court:
1.To declare that the incident which brought about the death of Mario Micallef occurred solely due to the exclusive fault of the respondents or either of whom, liquidate the damages suffered, condemn the respondents or either of whom to pay the plaintiffs the amount so liquidated.
With costs, against the respondents, summoned so that a reference to their evidence be made.
Applicant: 96, Kaymar House, Blat il-Qamar Road, Siġġiewi.
Respondent: Anthony Fountain, 75, Flat 5A, Triq il-Kulleġġ l-Antik, Sliema.
The Sworn Application in the names Catherine Micallef et vs Kevin Azzopardi et application number 437/13 JRM, has been put off for hearing to the 8th May 2014, at 9.30 a.m.
AVV. FRANK PORTELLI, LLD
For the Registrar, Civil Courts and Tribunals
Notice 645
645By means of a decree given, by the First Hall Civil Court, on the 17th March 2014, in the records of the Sworn Application, in the names Jane Agius et vs Notary Pierre Falzon, application number 102/14 JPG, the following publication was ordered for the purpose of service of the respondent, in terms of Article 187(3) et seq. of Cap. 12.
By means of a Sworn Application filed in the First Hall Civil Court, in the names Jane Agius I.D. 92774(M), Joseph Agius I.D. 232640(M), Antoinette Naeli Agius I.D. 452100(L), Julie Muscat I.D. 452000(L) and Julian Agius I.D. 121085(M) vs Notary Pierre Falzon, on the 5th February 2014, the applicants humbly asked this Honourable Court:
1.To proceed to give judgement according to the plaintiff’s demands without proceeding to a hearing in terms of Article 167 e seq. of Cap. 12 of the Laws of Malta, declare that the respondent is the debtor of the applicant in the sum of twenty four thousand, four hundred fifty-one Ewro (€24,451) due by him as refund of money advanced to him as explained in the application.
With costs against the respondent and legal interest against the respondent summoned so that a reference to his evidence be made.
Applicant: 87D, St. Paul’s Court, Triq il-Korp tal-Pijunieri, Buġibba.
Respondent: Flat 2, Land Bridge Mansions, Dawret il-Gżejjer, Buġibba, limits of St. Paul’s Bay.
The Sworn Application in the names Jane Agius et vs NotaryPierre Falzon, application number 102/14 JPG, has been put off for hearing to the 30th April 2014, at 9.35 a.m.
AVV. FRANK PORTELLI, LLD
For the Registrar, Civil Courts and Tribunals
Notice 646
646By means of a decree given by the Rent Regulation Board, on the 25th March 2014, in the records of the Sworn Application, in the names Joseph Mallia and his wife Marlene Mallia vs PhilipBonello, Sworn Application number 9/14 GG, the following publication was ordered for the purpose of service of the respondent Philip Bonello, in terms of Article 187(3) et seq. of Cap. 12.
By means of a Sworn Application filed in the Rent Regulation Board, in the names Joseph Mallia and his wife Marlene Mallia vs Philip Bonello, on the 17th January 2014, the applicant Joseph Mallia (I.D. 93034M) and his wife Marlene Mallia (I.D. 396339M) asked this Honourable Board to declare and decide that:
a) the respondent for the purposes of Article 14 of Cap. 69 of the Laws of Malta, accepted such increase and new conditions proposed by the applicants and order the respondent to pay such rent of €280 every three months and the new conditions proposed in the letter of the 7th October 2013 and uphold the other demands in the application.
Applicant: Mimosa, Valletta Road, Attard ATD 9055.
Respondent: 139, Dolphin Court, Flat 6, Triq Parades, St. Paul’s Bay.
The Sworn Application in the names Joseph Mallia et vs Philip Bonello, application number9/14 GG, has been put off to the 22nd May 2014, at 9.00 a.m.
ADV. FRANK PORTELLI, LLD
For the Registrar, Civil Courts and Tribunals
Notice 647
647By a decree given by the Civil Court First Hall, on the 11th March, 2014 on the application of Palm City Limited, Wednesday, 7th May, 2014 at ten in the morning (10.00 a.m.), has been fixed for the Sale by Auction to be held at unnumbered yard, in Triq Dun Ġużepp Barbara, Kirkop, of the following items seized from the property of Dolphin Industrial Services Ltd et.
Toyota Crew Cab with the registration number CBO 508 coloured white, and Fiat Doblo van with the registration number JGV 046 coloured white.
N.B. The said objects will be sold as described in the acts of file number 2/14.
Marvic Farrugia
For the Registrar of Courts Civil and Tribunals
Notice 648
648By a decree given by the Civil Court First Hall, on the 14th April, 2014 on the application of Cycle World Limited, Wednesday, 21 May, 2014 at ten in the morning (10.00 a.m.), has been fixed for the Sale by Auction to be held atgarage number 8,Triq Ta’ Xmiexi, Msida, of the following items seized from the property of Ellis Dr Joseph noe.
Motorcycle of the make Triumph with registration number TST 675.
N.B. The said objects will be sold as described in the acts of the judicial sale number 5/2014.
Rudolph Marmarà
For the Registrar of Civil Courts and Tribunals
Notice 649
649By a decree given by the Civil Court First Hall,on the 14th April, 2014 on the application of Debono Used Cars Limited, Wednesday, 21st May, 2014 at half past eleven in the morning (11.30 a.m.), has been fixed for the Sale by Auction to be held at Mosta Auto Dealer, Triq il-Kostituzzjoni, Mosta, of the following items seized from the property of Grixti Mario.
Vehicle of the make Toyota IQ of white colour with registration number UNI 444.
N.B. The said objects will be sold as described in the acts of the judicial sale number 9/14.
Rudolph Marmarà
For the Registrar of Civil Courts and Tribunals
Notice 650
650By a decree given by the Civil Court First Hall, on the 1st April, 2014 on the application of Bartoli Brothers Limited (C 16827), Monday, 26th May, 2014 at half past ten in the morning (10.30 a.m.), has been fixed for the Sale by Auction to be held at Stefan Store, Triq iż-Żinżel, Qormi, of the following items seized from the property of Port Cottonera Hotel Development Limited (C 27956).
Cupboards, top cupboards and corner cupboards, sinks with taps, several tables of different shapes and size, table extensions, slicer machine, grills, fridges, freezer, fridge cupboard, pasta machines, microwave, pots, convection oven, tray holder, hoods, mixer, trays, dishes, electronic weigh, mincer, pasta boiler, hot plates, fryer, heated cabinet, utensils, trolleys, frying pans, pans, several bowls, dishwashers, fan, shelf, hot dishes, several plates of different shapes and size, cups, LCD, reception desk, chairs, standing lamp, vase shaped glass ornaments, palm trees, olive trees, pots with plants, banana tree, garden chairs, umbrella bases, ice machine, ice buckets, printer for food ordering, fire blankets, tissue dispensers, spoons, different types of forks, different types of knives.
N.B. The said objects will be sold as described in the acts of the file number 13/13.
Marvic Farrugia
For the Registrar Civil Courts and Tribunals
Notice 651
651By a decree of the 9th April, 2014 given by the First Hall Civil Court, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to Articles 187 (3) and 338 (1) of the Code of Organisation and Civil Procedure (Cap. 12).
That by application and a Schedule of set-off filed contemporaneously by Bank of Valletta Malta plc on the 4th November, 2013 the approval of the said judicial acts is being demanded for the amount of €60,114.00 following judicial Sale by Auction 16/13 in the names Bank of Valletta Malta plc vs Michael Degiorgio, held under the Authority of the said Court on the 31th October, 2013.
According to Article 338 (2) of Chapter 12: Any person who may have an interest and the persons so served shall be allowed the time of twenty days to file an answer stating in detail the reasons for their opposition and the amounts in contestation, and where such opposition is based on a claim against the proceeds of sale and alleged cause of preference, they are to state the amount of such claim and the basis for the preference. Such persons shall with the answer file all relevant evidence to substantiate their opposition.
Marvic Farrugia
For the Registrar Civil Courts and Tribunals
Bann for Curators
652Republic of Malta
To The Marshall of the Court
By means of a decree by this Court, on the 23rd July, 2010 following a request of Concetta, sive Connie Cini,it was ordered that Deputy Curators be chosen to represent the vacant inheritance of the deceased Paola Zahra in the records of the Sworn Application number 727/10 GC,in the names Concetta, sive Connie Cini vs Deputy Curators, and in the relevant and subsequent acts.
By means of a Sworn Application filed in the First Hall Civil Court, in the names Concetta, sive Connie Cini (ID 337636M) vs Eleonora Galea, Marlene Lungaro Mifsud, Deputy Curators to represent the vacant inheritance of Paola Zahra, Deputy Curators to represent the vacant inheritance of Emma Zahra, and for any interest they may haveJosephine Anne, sive Yosane Vella (ID 283664M), Angela Pulis (ID 327971M), on the 20th July, 2010 the interpellants respectfully asked this Honourable Court:
To condemn the defendants Eleonora Galea, Marlene Lungaro Mifsud, and the heirs of Paola Zahra and Emma Zahra to come forward to the opportune deed of conversion into perpetual enmpytheusis of the temporary groundrent on the premises number sixteen, 16, Triq Nazzarenu, Ħamrun, (previously Marsa), and this towards the groundrent of €81.53 multiplied for six times which amounts to four hundred eighty nine Euro and eighteen cents (€489.18) yearly,and this by a deed of the Notaryand appointment of a curator to represent the defaulters or absentees, or the heirs of Paola and Emma Zahra on the same deed.
With costs.
The defendants are summoned so that a reference to their oath be made.
Applicant: Concetta, sive Connie Cini, 16, Nazarene Street, Ħamrun HMR 2273.
Defendants: 1. Eleonora Galea, 140, Flat 2, Fleur Flats, Gwardamanġa Hill, Gwardamanġa.
2. Marlene Lungaro Mifsud, Amsterdam, Ċensu Bugeja Street, Iklin.
3. Josephine Vella, 24, Lellux, Triq il-Ħuttaf, Kappara.
4. Angela Pulis, 29, Triq il-Mitħna, Lija.
You are therefore ordered to affix an official copy of this bann at the entrance of this Superior Court, and to summon whosoever wishes to act as curator to appear before this Registry within six days and by means of a minute to submit a declaration that he wishes so to act.
You are also ordered to inform each one that if he fails to make this declaration within the stipulated time, the Court will proceed to the selection of Curators of Office.
And after so acting, or if you should encounter any difficulty in the execution of this bann, you are to inform forthwith this Court.
Given by the Civil Court First Hall above mentioned, with the witness of the Hon. Mr Justice Albert J. Magri LLD Doctor of Laws.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Notice 653
653By a decree of the 26th March, 2014 given by the First Hall Civil Court, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to Articles 187 (3) and 338 (1) of the Code of Organisation and Civil Procedure (Cap. 12).
That by application and a Schedule of set-off filed contemporaneously by Bank of Valletta Malta plc on the 19th November, 2013 the approval of the said judicial acts is being demanded for the amount of €47,400.00 following judicial Sale by Auction 60/11 in the names Bank of Valletta Malta plc vs Jason Mallia, held under the Authority of the said Court on the 14th November, 2013.
According to Article 338 (2) of Chapter 12: Any person who may have an interest, and the persons so served shall be allowed the time of twenty days to file an answer stating in detail the reasons for their opposition and the amounts in contestation, and where such opposition is based on a claim against the proceeds of sale and alleged cause of preference, they are to state the amount of such claim and the basis for the preference. Such persons shall with the answer file all relevant evidence to substantiate their opposition.
Marvic Farrugia
For The Registrar Civil Courts and Tribunals
Notice 654
654By a decree given by the Civil Court First Hall, on the 14th April, 2014 on the application of Alberta Fire & Security Equipment, Wednesday, 28th May, 2014 at eleven in the morning (11.00 a.m.), has been fixed for the Sale by Auction to be held at 149, Triq id-Dejqa, Valletta,of the following items seized from the property of Fenech Paul pro et noe.
Sofa 3 seater and 2 armchairs pink in colour, Television Samsung, Stereo, two Aiwa speakers and other items.
N.B. The said objects will be sold as described in the acts of the judicial sale number 7/14.
Rudolph Marmarà
For the Registrar of Civil Courts and Tribunals