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Court Notices published in Govt. Gazette No. 19,248 of 9th May 2014
01/01/2014
Notice 720
720By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 8th April, 2013 Application number 313/2014 by Josephine Camilleri, Maria Teresa Cortis and Rita Micallef, whereby they prayed that it be declared open in their favour in the quota of one third (1/3) undivided share each one of them the Succession of their aunt Anna Farrugia, unmarried, daughter of the late Paolo Farrugia and Giuseppa née Ciantar, born in Rabat, Malta, where she resided, and died in Imtarfa, on the 2nd January, 2014 aged 84, intestate, holding identity card number 524829(M).
Wherefore any person who considers to have an interest in the matter is hereby called upon to appear before the said Court, and to bring forward his objections hereto by a minute to be filed within fifteen days from the posting of the banns and notices according to law.
Alexandra Debattista
For the Registrar Civil Court and Tribunals
Notice 721
721By means of a decree of the 10th April, 2014 in the First Hall of the Civil Courtsin the records of the judicial letter number 29/14, in the names Bank of Valletta plc vsAnthony Zammit, ordered the following publication for the purpose of service in terms of Article 187 (3) of Cap. 12.
By means of a judicial letter filed in the First Hall of the Civil Courts against Anthony Zammit (ID 206685M), of Joealice, Triq Amleto Spiteri, Ħal Qormi, on the 7th January, 2014, Bank of Valletta plc of 1/5, Misraħ San Ġorg, Valletta VLT 1190, calls upon you so that within two days you pay the sum of €111,415.26 balance of debt in your Loan Account with Bank of Valletta plc,togetherwith further interests from the 19th December, 2013 till the date of effective payment.
The interpellant company warns you that if you fail, they shall be constrained to proceed against you according to law.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 722
722By means of a decree of the 25th March, 2014 delivered by the Court of Magistrates (Malta) in the records of the judicial letter number 3760/13, in the names Malta Resources Authority vs Pius Camilleri, it was ordered that the following publication serves as service on the respondent in terms of Article 187(3) of Cap. 12.
By means of a judicial letter filed in the Courts of Magistrates (Malta) against Pius Camilleri(ID 967650M), ofVilla Camilleri, Thomas Ashby Street, Marsaskala,on the 4th December, 2013 Malta Resources AuthorityofMillenia, Level 2, Aldo Moro Road, Marsa, for the purposes of Article 466 of the Code of Organisation and Civil Procedure, notifies you with the attached sworn declaration marked as Document A, and calls upon you so that within ten (10) days you pay the sum of €5,808.09 which amount is due by you as a final and conclusive liquidation for payment of arrears for licence rights bearing reference SP 1348 for the swimming pool in the premises Villa Camilleri, Thomas Ashby Street, Marsaskala, in terms of Cap. 241 of the Laws of Malta, and of the subsidiary legislation 244.01.
In default of payment or opposition on your part according to the aforementioned Article 466, the applicant Authority will proceed to issue executive warrants against you according to law.
With costs of this act.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 723
723By means of a decree of the 13th March, 2014 by the Civil Court First Hall, in the records of the judicial letter number 480/14, in the names Director General (Value Added Tax) vs Charles Sammut,ordered the following publication for the purpose of service of the respondent in terms of Article 187 (3) of Cap. 12.
In the First Hall of the Civil Court
To: Charles Sammut (ID 491167M), ofBellagio, Block B, Flat 6, Triq San Ġużepp, Pietà.
By the present, the Director General (Value Addied Tax), of Centre Point Building, Ta’ Paris Road, Birkirkara, calls upon you in terms of Article 59 of Act XXIII of 1998, so that within two days from service of this act you pay the sum of €88,313.24 representing amount due by you according to the same act.
This calling is being made for all effects and purposes of law in particularly, but not exclusively, to render the executive title that the Director General (Value Added Tax) has against you by means of a notice sent to you.
In default that you abide with this judicial letter, the interpellant warns you that he is going to execute the said executive title that he has against you by means of the opportune warrants.
With costs and interest according to law till the date of effective payment.
So much so that you may know how to regulate yourself.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 724
724By a decree of the Court of Magistrates (Malta), of the 17th March, 2014 the publication of the following extract was ordered for the purpose of effecting service in terms of Article 187 (5) of the Code of Organisation and Civil Procedure (Cap. 12).
Atlas Insurance PCC Limited (C 5601), as subrogated in the rights of its insured Monaco Millions Limited (C 30186), on the basis of law and on the basis of the insurance policy and the same Monaco Millions Limited, of 48-50, Ta’ Xbiex Seafront, Ta’ Xbiex, filed a Claim on the 9th November, 2009 whereby they asked the Court to condemn Bay Street Holdings Limited, and the company Euro Hygene Limited (C 25887), of Imdawra, Triq l-Ibraġġ, Swieqi, which was called into suit by a decree of the 27th November, 2013 to pay the plaintiff company the sum of €3,796.46 which amount is due to the plaintiff company.
With costs and interest.
The case (Notice Number 430/09MF) is postponed for hearing to the 28th May, 2014 at 10.30 a.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 725
725By a decree given by the Civil Court First Hall, on the 11th April, 2014 on the application of Bank of Valletta plc (C 2833), Thursday, 5th June, 2014 at half past ten in the morning (10.30 a.m.), has been fixed for the Sale by Auction to be held in the first floor of these Courts of Justice, Republic Street, Valletta, of the following property:
The maisonette on the first floor, with its own airspace, without number, and name ‘Golden Sun’, Triq il-Pitkali, Attard, subject to annual and perpetual groundrent of thirty four Euro and ninety-four cents (€34.94), otherwise free and unencumbered, with all its rights and appurtenances.The said maisonette has the drains and drainage system common with the underlying property, right of access to the underlying property for maintenance and repair, valued at two hundred and ten thousand Euro (€210,000).
The said tenement is the property of Dr Yana Micallef Stafrace and Peter Paul Sammut LP, nominated curators for the absent Wen Tao Hou and Lin Han.
N.B. The said tenement will be sold as described in the acts of the file number 88/13.
Marvic Farrugia
For the Registrar Civil Courts and Tribunals
Notice 726
726By a decree of the Small Claims Tribunal, of the 4th April, 2014 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).
WasteServ Malta Limited (C 30560), ofEkoCentre, Triq il-Latmija, Marsaskala, filed a Claim on the 26th November, 2013 whereby they asked the Tribunal to condemn John Sant(ID 585974M), of 1, Triq Għajn Tuffieħa, San Pawl il-Baħar, to pay the plaintiff company the sum of €3,070.81 which amount is due to the plaintiff company.
The case (Claim Number 778/13GB) is postponed for hearing on the 16th May, 2014 at 12.30 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 727
727By a decree given by the Civil Court First Hall, on the 1st April, 2014 on the application of Gatt Bonavia Mary, Tuesday, 17th June, 2014 at eleven in the morning (11.00 a.m.), has been fixed for the Sale by Auction to be held on the first floor of these Courts of Justice, Republic Street, Valletta of the following property:
The tenement with its own airspace, numbered one hundred and twenty three (123) and one hundred and twenty five (125), named ‘Madonna Tat-Triq’, in Labour Avenue, Naxxar, free and unencumbered, valued four hundred and twenty thousand Euro (€420,000).
The said tenement is the property of Bonavia Victor et.
N.B. The said tenement will be sold as described in the acts of file number 14/14.
Rudolph MarmarÀ
For the Registrar Civil Courts and Tribunals
Notice 728
728It is being notified that by a decree dated 2nd May, 2014 given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry, (Magistrate Dr Miriam Hayman LLD), Compilation number 447/2014 in the case: The Police (Inspector Gabriel Micallef) versus Alfio Strano, 48 years, Businessman and landlord, son of Francesco and Concetta née Castorina, born in Catania, Sicily, on the 23rd August, 1965 and residing at Via dei Ciclopi, 37 Aci Catena, Catania, Sicily, and holder of Italian identity card bearing number AT 8691255, and Fernando Rubino, 54 years, Businessman, son of Giuseppe and Agata née Puleo, born in Catania, Sicily, on the 12th May, 1959 and residing at 38, Via Conte di Torino, Catania, Sicily, and holder of Italian identity card bearing number AO 0562405, ordered the attachment in the hands of third parties in general all monies, and other moveable property due, or pertaining, or belonging to Alfio Strano and Fernando Rubino, and prohibits the said accused from transferring or otherwise disposing of any moveable or immovable property, and this according to Article 22A of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta, and of Article 23A of the Criminal Code, Cap. 9 of the Laws of Malta.
Dr Yvette Borg LLD
For the Registrar Criminal Courts and Criminal Tribunals
Bann for Curators
729Republic of Malta
To The Marshall of the Court
By means of a decree by this Court, on the 4th April, 2014 following a request of Joseph Micallef et, it was orderedthat deputy curators be chosen to represent the unknown Superior Owners, in the records of the Schedule of Deposit and redemption of groundrent inthenames Joseph Micallef et vs Deputy Curators, and in the relative and subsequent acts.
By means of a Schedule of Deposit and redemption of Groundrent filed in the First Hall Civil Court, in the names Joseph Micallef, pensioner, born in Birkirkara and residing at number seventy-two (72) Azelia, Flat number one (1), Triq l-Isqof Antonio Zahra, Zejtun (ID 241750M),who is appearing in his own name, and in the name in representation ofhis sister Helen Micallef, wife of Emmanuel Micallef, born in Pietà and residing at number one hundred and twenty six (126), Eskadel Road, Papakowhai, Porirua, three zero two four (3024) Wellington, New Zealand (ID 301668M), Maria Dolores Briffa, wife of Consiglio Briffa, born in Birkirkara and residing atnumber two hundred sixty-nine (269), Saint Julian’s Street, Birkirkara, identity card number (ID 458760M), and Giovanna Maria Dolores, sive Giovanna, sive Jane Debono, wife of Carmel Debono, born in Gwardamanġa and residing at Bellini House, three hundred forty-two letter P, Fleur de Lys Road, Birkirkara, (ID 244058M), and Rosianne Buhagiar, wife of Lawrence Buhagiar, daughter of Emanuel Demicoli and Teresa née Micallef, born in Pietà and residing at number eleven (11) Aotearoa, apartmentnumber one (1), Telliera Street, Żabbar, Malta, who is appearing on behalf of: (i) Theresa Demicoli,widow of Emanuel Demicoli, born in Birkirkara and residing at number four hundred and fourteen (414), Warspite Avenue, Ascott Park, Porirua, five zero two four, Wellington, New Zealand, (ID 589651M), and (ii) for AnthonyMicallef, Registered Nurse/Home Supervisor, born in Birkirkara and residing at thirty one (31), Allen Terracne, Linden Tawa, Wellington, five zero two eight, New Zealand, with passport with letters E B and number four two one four two three vs Deputy Curators to represent the unknown owners of the perpetual subgroundrent of (€2.33) yearly burdening the premises situated at number five, Carmel Street, Birkirkara, on the 21st February, 2014 the interpellants Joseph Micallef et above mentioned respectfully pleaded:
That they are the owners of the premises which bears the official number (5), in Carmel Street, Birkirkara, as subject to the groundrent or rather perpetual subroundrent of (€2.33) yearly, with all its rights as results from the contract of the 10th September, 1981 in the records of Notary Dr Angelo Sammut.
That the interpellants do not know who the superior owners of the said perpetual groundrent are, and wish to avail themselves of the faculty given by Article 1501 of Chapter 16 of the Laws of Malta, by depositing the sum of (€46.59) price of redemption of annual redemption and perpetual sub groundrent, as well as the sum of(€2.33)due as laudemiumunder the Authority of this Honourable Court to be withdrawn by who has the right according to law after the due receipt according to law is left.
Interpellant: 5, Carmel Street, Birkirkara.
Service: 1. Director Public Registry, Merchants Street, Valletta (two copies).
2. Deputy Curators.
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 Madam Justice Lorraine Schembri Orland LLD Doctor of Laws.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Notice 730
730By a decree of the Small Claims Tribunal, of the 10th March, 2014 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).
WasteServ Malta Limited (C 30560), ofEkoCentre, Triq il-Latmija, Marsaskala, filed a Claim on the 26th November, 2013 whereby they asked the Tribunal to condemn IKO Ltd(C 32296), of 35, Triq il-Palma, Paola, to pay the plaintiff company the sum of €411.72, which amount is due to the plaintiff company.
The case (Claim Number 776/13NHV) is postponed for hearing on the 2nd June, 2014 at 12.05 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 731
731By a decree given by the Civil Court First Hall, on the 11th March, 2014 on the application of Bank of Valletta plc (C 2833), Tuesday, 3rd June, 2014 at eleven in the morning (11.00 a.m.), has been fixed for the Sale by Auction ordered to be held on the first floor of these Courts of Justice, Republic Street, Valletta of the following property:
The apartment on the fifth floor, overlying four floors of third parties (excluding the basement), and underlying a floor property of third party, internally numbered nineteen (19), forming part of a block of twenty-six (26) apartments known as ‘Block B’, and forming part of a larger complex known as ‘GT Court’, in Resort Street, Saint Paul’s Bay, valued at one hundred and five thousand Euro (€105,000).
The said tenement is the property of Jeffrey Borg (ID 498377M) and Charmaine Borg (ID 223681M).
N.B. The said tenement will be sold as described in the acts of judicial sale 90/2012.
Marvic Farrugia
For the Registrar Civil Courts and Tribunals
Notice 732
732By means of a decree given on the 30th April, 2014 in the records of the Sworn Application, in the names HRM International Limited vs Positive Holdings Limited, application number 180/14 SM, the following publication was ordered for the purpose of service of the respondent company Positive Holdings Limited 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 HRM International Limited (C 28795) vs Positive Holdings Limited (C 21248), on the 25th February, 2014 the applicant HRM International Limited asked the defendant company to state why this Honourable Court should not:
Declare that the defendant company is a debtor of the plaintiff company in the amount of forty thousand, two hundred and sixty-two Euro and ten cents (€40,262.10), and condemn the same company to pay the plaintiff company the said sum.
With costs and legal interest as demanded, the directors of the said company are summoned so that a reference to their evidence be made.
The Sworn Application above mentioned in the names HRM International Limited vs Positive Holdings Limited, Application number 180/14 SM, has been deferred for hearing to the 29th May, 2014 at 9.00 a.m.
Applicant: 30, Cresta Flats, Flat 9, Triq l-Imradd, Ta’ Xbiex.
Respondent: 30, Triq iż-Żejtun, Marsaxlokk.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Notice 733
733By means of a decree given on the 29th April, 2014 by the Rent Regulation Board, in the records of the Sworn Application, in the names Nicholas Formosa noe vs Anthony Coppola, application number 4/14 GG, the following publication was ordered for the purpose of service of the defendant Anthony Coppola in terms of Article 187 (3) et. seq. of Cap. 12.
By means of a Notice of Hearing of a cause issued by the Registry Superior Courts, on Wednesday, 7th May, 2014 the Sworn Application in the names Nicholas Formosa noe vs Anthony Coppola, application number 4/14 GG, was appointed for hearing on Thursday, 22nd May, 2014 at 9.00 a.m.
Defendant: 346, Triq it-Torri, Mosta.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Notice 734
734It is being notified that by a decree dated 2nd May, 2014 given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Miriam Hayman LLD), Compilation number 446/2014 in the case: The Police (Inspector Gabriel Micallef) versus Claudio Di Bella, 30 years, Waiter, son of Giovanni and Emilia née Scuderi, born in Catania, Sicily, on the 1st December, 1983 and residing at Bogota Colombia, KR 56 N, 18 A-47 Carcel Modelo nr. 0 Marina, Catania, Sicily, and holder of Italian identity card bearing number AU 4090803, ordered the attachment in the hands of third parties in general all monies, and other moveable property due, or pertaining, or belonging to Claudio Di Bella, and prohibits the said accused from transferring, or otherwise disposing of any moveable or immovable property, and this according to Article 22A of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta, and of Article 23A of the Criminal Code, Cap. 9 of the Laws of Malta.
Dr Yvette Borg LLD
For the Registrar Criminal Courts and Criminal Tribunals
Notice 735
735By a decree given by the Civil Court First Hall, on the 18th February, 2014 on the application of Bank of Valletta plc (C 2833), Tuesday, 3rd June, 2014 at half past ten in the morning (10.30 a.m.), has been fixed for the Sale by Auction to be held on the first floor of these Courts of Justice, Republic Street, Valletta of the following property:
The tenement number thirty two (32), in Trejqet il-Parroċċa, formerly Triq Wied is-Sir, Mosta, free and unencumbered, with all its rights and appurtenances, valued at three hundred and fifty thousand Euro (€350,000).
The said tenement is the property of Joseph Micallef (ID 88567M) and Maria Theresa Micallef (ID 335269M).
N.B. The said tenement will be sold as described in the acts of file number 10/12.
Marvic Farrugia
For the Registrar Civil Court and Tribunals
Notice 736
736By means of a decree given on the 13th March, 2014 by the Rent Regulation Board, in the records of the Sworn Application, in the names Mario Farrugia vs Selkies Limited et, application number 124/13 GG, the following was ordered for the purpose of service of the respondents 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 Mario Farrugia (ID38362M) vs Selkies Limited (C 35552), Karl Allmark (ID 72317A) and his wife Pamela Allmark (ID 205368M), on the 10th December, 2013 in terms of Article 16A et. seq. of Cap. 69 of the Laws of Malta, asked the respondents to state why this Honourable Board should not:
Decide and declare that the respondents are jointly and indivisibly between them to pay the applicants the global sum of fourteen thousand six hundred thirty-six Euro and fifteen cents (€14,636.15), as explained in the application.
With costs and interest as demanded against the respondents summoned so that a reference to their evidence is made, and saving other demands in the application.
Applicant: Mario Farrugia, No. 5, Triq ix-Xehda, Naxxar NXR 1351.
Respondents: (i) Karl and Pamela Allmark, 62, Triq San Ġwann, Għargħur.
(ii) Selkies Limited, 62, Triq San Ġwann, Għargħur.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Notice 737
737By means of a decree given by the First Hall Civil Court, on the 30th January, 2014 in the records of the Sworn Application, in the names Bank of Valletta plc (C 2838) vs Alessandro Bianchi et, application number 1093/13 AF, the following publication was ordered for the purpose of service of the respondents in terms of Article 187 (3) et. seq. of Cap. 12.
By means of a Notice of hearing of a cause issued by the Registry Superior Courts, on Wednesday, 20th November, 2013 the cause Application number 1093/13 AF, in the names Bank of Valletta plc (C 2833) vs Alessandro Bianchi et, was appointed for hearing on Thursday 13th February, 2014 at 9.00 a.m.
By order of the same Court above mentioned on the 13th February, 2014 the cause above mentioned was deferred for the 4th June, 2014 at 9.00 a.m.
Notify; 1. Alessandro Bianchi, Fair View Apartments, Flat 2, Triq Mons Luigi Catania, Għargħur GHR 1401.
2. Simone Bianchi, Melita Mans, Flat 5,Triq il-Knisja, Tas-Sliema.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Notice 738
738By a decree given by the Civil Court First Hall, on the 13th March, 2014 on the application of Grima Monica et, Thursday, 12th June, 2014 at noon (12.00 p.m.) for the Sale by Auction to be held on the first floor, Courts of Justice, Republic Street, Valletta of the following property:
The elevated groundfloor maisonette without airspace, named ‘Rose House’, and underlying garage in Triq Mimosa, in Gwardamanġa/Ħamrun. The property is free and unencumbered, valued at one hundred and ten thousand Euro (€110,000).
The said tenement is the property of Buontempo Reuben.
N.B. The said tenement will be sold as described in the acts of file 41/13.
Rudolph Marmarà
For the Registrar Civil Courts and Tribunals
Notice 739
739By a decree given by the Civil Court First Hall, on the 14th April, 2014 on the application of Bank of Valletta plc (C 2833), Wednesday, 11th June, 2014 at eleven in the morning (11.00 a.m.), has been fixed for the Sale by Auction to be held in the first floor of these Courts of Justice, Republic Street, Valletta of the following items seized from the property of Oliver Agius et.
Various jewel items and gold coins.
N.B. The said objects will be sold as described in the acts of the file number 53/10.
Marvic Farrugia
For the Registrar of Civil Courts and Tribunals
Bann for Curators
740Republic of Malta
To the Court Marshall
By means of a decree given by this Court, on the 20th September, 2013 following a request of Maria Carmela Warrington,it was ordered that deputy curators be chosen to represent the vacant inheritance of Ludovico Bianco, in the records of the Judicial Protest Number 405/13,in the names Maria Carmela Warrington vs Deputy Curators, and in the relative and subsequent acts.
By means of a Judicial Protest filed in the First Hall Civil Court, in the names Maria Carmela, sive Lina Warrington (ID 140933M), Edward Warrington (ID 85759M), Anne Ringland (ID 374160M), Michael Warrington (ID 180462M), Andrew Warrington (ID 553963M), Isabel Warrington (ID 16768G) vs 1. Francoise Chetcuti and Jean Claude Chetcuti in her own name, and as heir of their father Joseph Chetcuti, and 2. as Deputy Curators to represent the vacant inheritance of Ludovico Bianco, on the 10th September, 2013 in virtue of which they are: (i) asserting acquisitive prescriptionon plot 26, Area B, Triq l-Imgħażel, Swieqi, as better indicated in the plan attached (1);(ii)assert a fiduciary obligation and constructive trust in the sense of Cap. 331 of the Laws of Malta, Trusts and Trustees Act, everything as described in the Judicial Protest herein mentioned.
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That on the basis of that premised in the Judicial Protest, the interpellantsconsider that they are the beneficial owners on the basis of a constructive trust issued in terms of law, the basis is that Joseph Chetcuti had entered into a fiduciary relationship that the land be transferred to the Family Warrington and the successors of William Warrington, and this because the constructive trust is created when there is an abuse of a fiduciary relationship.Joseph Chetcutiand his successors in titleare considered according to Cap. 331 as trustees of the landand the beneficiariesFamily Warrington,and if this landis not formally registered in their name, the Family Warringtonhas a proprietarty interest with the right and obbligation of the constructive trustees to formalise.
Thus the interpellants whilstreserving all their rghts according to law formally assert their proprietary rights for the reasons brought forward in the Protest, warn the respondents not to molest them in the acquired title and peaceful enjoyment of the land de quo, hold them responsible in damages and put them in dolo, culpa et mora, for all intents and purposes of law.
Interpellant: 40, Triq il-Modd, Swieqi.
Respondents: 35, Triq il-Qasam, Swieqi.
Notify; Director Public Registry, Casa Bolino, West Street, Valletta.
Land Registrar, Casa Bolino, West Street, Valletta.
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 Anthony Ellul LLD, Doctor of Laws.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Notice 741
741By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 26th December, 2012 Application number 998/2012 by the Attorney General, where Fiona Azzopardi, daughter of Alfred Azzopardi and Maria Theresa née Cuschieri, holding identity card number 52592(M), was Incapacitated by means of a decree given on the 18th October, 2013.
Alexandra Debattista
For the Registrar Civil Court and Tribunals
Notice 742
742By a decree of the Small Claims Tribunal, ofthe 21st 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 plc (C 22334) ofTriq Fra Diego, Marsa MRS 1501,filed a Claim on the 29th May, 2013 whereby they asked the Tribunal to condemn Peter Pace (ID 548464M), of89, Haven Lodge, Triq it-Tabib Chetcuti, Mosta, to pay the plaintiff company the sum of€832.10, which amount is due to the plaintiff company.
With costs andlegal interests.
The case (Claim Number 328/13KPS) is deferred for the 14th May, 2014 at 12.30 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 743
743By means of a decree given on the 29th April, 2014 by the Court of Appeal in the records of the Appeal Application, in the names Victor Zammit vs Commissioner for Value Added Tax, Application Number 519/05 RCP, the following publication was ordered for the purpose of service of the respondent Victor Zammit in terms of Article 187 (3) et. seq. of Cap. 12.
By means of an Application filed in the Court of Appeal, Writ of Summons Number 519/05 RCP, in the names Victor Zammit (ID 783349M) vs Commissioner for Value Added Tax and the Attorney General, on the 24th July, 2013 the Applicant Director General (For Value Added Tax) previously Commissioner for Value Added Tax and the Attorney General respectfully pleaded:
1. That in virtue of this application, the interpellants are asking this Honourable Court to order the cancellation of its judgement of the 26th April, 2013 in the names premised and the new trial of the cause at the appeal stage.
2. That the present demand for a new trial is based on paragraphs (e) and (1) of Article 811 of the Code of Organisation and Civil Procedure (Cap. 12 of the Laws of Malta).
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The Facts
5. That the facts which gave rise to the cause are the following:
6.That the respondent plaintiff is the director of the company Price Club Operators Limited.
7. That by means of a decree of the Honourable First Hall Civil Court, dated 12th July, 2002 in the records of the Application number 1739/01 JRM, in the names, ABT Limited et vs Price Club Holdings Limited et, brought forward accordingto the provisions of Act XXV of 1995, the winding up of the commercial partnership Price Club Operators Limited was ordered, and this for the purposesof Article 223 of the same Cap. 386, with effect from the date of presentation ofthe original application, namely from the 1st November, 2001and a liquidator was appointed for this purpose.
8.That Article 295 of Cap. 386 provides that on the appointment of a liquidator, all the powers of the directors and the company secretary cease unless otherwise provided in this title.
9. That by means of a decision of the Appeals Board For Value Added Tax, dated 22nd June, 2004 with number and in the names, Appeal Number 018/02 Price Club Operators Ltd ( Registration Number 1507/9405) versus the Commissionerfor Value Added Tax, which decision was not appealed the assessmentissued by the Vat Department for the period 01/08/2000 till the 31/07/2001 was confirmed.
10. That despite of the executive title that the appellant Director General (For Value Added Tax) has against the said company in virtue of the said decision,the said company Price Club Operators Limited did not pay what was due by it.
11. That consequently the appellant Director General (For Value Added Tax),previously Commissioner for Value Added Tax, by means of a note of a demand for payment dated 11th March, 2005 issued under Article 59 (2) of Cap. 406and notified by a judicial act called upon all the directors of the company Price Club Operators Limited, amongst which the respondent plaintiff to pay the sum of seven hundred and fifty-nine thousand, seven hundred forty- three Euro and forty-five cents (€759.743.45).
12. That subsequently on the 27th May, 2005 the respondent plaintiff filed the present procedures before the Honourable First Hall Civil Court and asked that it declares: (1) that the calling made in terms of subarticle (2) of Article 59 of Cap. 406 of the Laws of Malta is null, and/or invalid in regard to the plaintiff, and does not constitute an executive title in his regard; and (2) order the defendantto withdraw his calling made in terms of subarticle (2) of Article 59 of the act for Value Added Tax.
13. That by means of a decision dated 29th October, 2009 the Honourable First Hall Civil Court freed the interpellant Attorney Generalfrom the observance of the judgement, and rejected the plaintiff’s demands with costs against him following these considerations.
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That in the context of all this, the same Court foundthat the Directors even in terms of Article 315 of Cap. 386 are to be held responsible for the debts and all the responsibilities of the same company Price Club Operators Limited.
That in the light of all thisthe plaintiff’s writ of summonsis to be decided whereby it is being stated that the demand notice is null and without effect because it is being stated that the amount therein indicated is due by the company PCOL and not by him personally,and because he is stating that he is no longer a director of the same company.
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That this Court does not agree with these submissions and this because the Court feels that the demand notice in dispute was issued on the basis of Article 59 (2) of Cap. 406 personally against the same plaintiff because as a director of the same company at the time when the assessment was made, he was personally responsible for the tax due by the same company, and this results from Article 66 (5) of Cap. 406.
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That thus in the light of the premised,the plaintiff’s demands are being rejected.
14. That on the 17th November, 2009 the respondent appealed from this decision, and in view of the grievances brought forward in the sense that: (1) the Court of First Instance allegedly understood and applied wrongly Article 59 (2) of Cap. 406; (2) the Court of First Instance could not rely on the judgements of the 12th October, 2007; (3) no proof was brought forward that the appellanthad not acted in good faith; (4) the allegation that he was deprived of a fair hearing.
15. That in virtue of their reply, the interpellants explained why in their humble opinion, the plaintiff’s appeal today retried should be rejected, and the judgement of the Court of First Instance confirmed.
16. That in virtue of a judgement of the 26th April, 2013 this Honourable Court decided by whilst rejecting the first, the second and the third grievance of the appellant Victor Zammit upheld the fourth grievance and decided that the note for the demand for payment issued against him under Article 59 (2) of Cap. 406 is not valid and is to be cancelled. The considerations of this Honourable Court were the following.
The Fourth Grievance.
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Article 811 (L) of Cap. 12.
18. That the present demand is in the first place based on subarticle (1) of Article 811 of the Code of Organisation and Civil Procedure which states thus:
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19. That in the cause being examined it appears that the decision of the Honourable Court, of the 26th April, 2013 in virtue of which the appeal of the respondent on the basis of the fourth grievance brought forward by him was based on the premise that the appeal period has not commenced to run against the plaintiff, and that he has not been giventhe faculty to contest the assessment.
20. That with all respect this is not the case, it results from the records that the demand notice was sent to the respondent Victor Zammit in terms of Article 59 of Cap. 406 on the 11th March, 2005 in so far as in terms of Article 66 of Cap. 406, qua director at the time in question he is responsible in solidum with the said company Price Club Operators Ltd for tax due by it.
21. That from the records it results uncontested that effectively the company Price Club Operators Ltd had every responsibility to bring forward its appeal against the assessment issued by the interpellant Director General(For Value Added Tax) as infact he did. These procedures were finally decided by a judgement of the 22nd June, 2004 (Appeal number 018/02), in the names Price Club Operators Ltd (Registration Number 1507-9405) versus the Commissioner for Value Added Tax.
22. That the said decision was not appealed.
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23. That once the assessment stage according to the provisions of Section V of Cap. 406 was concluded, the appellant Director General (For Value Added Tax) previously Commissioner for Value Added Tax, proceeded for the collection stage of the amount due by the company Price Club Operators Ltd in terms of Article VIII of Cap. 406.
24. That it results from the records that the company Price Club Operators Ltd did not pay that due by it, and thus the appellant Director General (VAT) proceeded by means of a notice of a demand for payment against the respondent Victor Zammit according to Article 59 of Cap. 406 on the 11th March, 2005.
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28. That Article 59 of Cap 406 provides:
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29. That the above mentioned Article is to be read together with the proviso of Article 66 (5) of Cap. 406 which provides that:
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30. That from this it clearly results that the remedy which was due to the respondent during the collection stage was to bring forwardproof of that alleged by him and namely that allegedly he is not personally responsible for tax due by the company Price Club Operators Limited.
31. That as rightly decided by this Honourable Court, the demand notice of the 11th March, 2005 was validly sent andaccording to law ...omissis... Effectively as well decided by this Honourable Court in its judgement of the 26th April, 2013 it cannot be stated that in the circumstances the plaintiff carried out in bona fide his obligations under Cap. 406 and thus even his third grievance which is completely frivolouswas rejected.
32. That thus from the records it clearly results and uncontested that the company Price Club Operators Ltd availed itself of the opportunity to contest the assessment of the appellant Director General (For Value Added Tax) by means of the appealfiled by it before the Board of Appealof Special Comissioners (V.A.T.), whilst the respondent Victor Zammit availed himself of the faculty to contest the demand note by means of the present procedures.
33. That it follows that the judgement of the 26th April, 2013 in virtue of which it upheld the appeal of the respondent on the basis of the fourth grievance brought by him in the sense that:
27. The fourth grievance is based on the allegation that the plaintiff was deprived of a fair hearing. As regards this grievance the plaintiff appears to be right.
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30. For this reason, the plaintiff’s appeal should be upheld, is based on a mistake of fact, and thus merits to be cancelled, and the cause merits to be retried on the basis of paragraph (1) of Article 811 of Cap. 12.
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36. That the interpellants uphold that there is a clear distinctionbetween the assessment phase andthe collection stage in terms of Cap. 406.
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38. That consequently the interpellant Director General could have proceeded to the collection stage according to Section VIII of Cap. 406. From the records it results that the company Price Club Operators Ltd did not pay that due by it, and thus the appellant Director General (VAT) proceeded by means of a notice of a demand for payment against the respondent Victor Zammit according to Article 59 of Cap. 406.
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40. That the interpellants respectfully point out that in their humble opinion in so far as this Honourable Court relied on the provisions of Articles 43 and 47 of Cap. 406, in order to reach its decisions to uphold the fourth grievance of the respondent appellant, and upheld the appeal brought forward by him by means of the judgement of the 26th April, 2013with the number and names premised it wrongly the law, and consequently the said decision merits to be cancelled for the purposes of a new trial of the cause according to the provisions of paragraph (e) of Article 811 of Cap. 12.
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Thus the interpellants whilst referring to the proof produced respectfully pray that this Honourable Court for the provsions premised and in terms of Articles 811 (e) and (1) of Cap. 12 cancels its judgement of the 26th April, 2013 in the names, Victor Zammit vs Commissioner for Value Added Tax and the Attorney General (Writ of Summons number 519/05 RCP), and order that there be a new trial with costs against the respondent.
Appellant: (1) Director General (For Value Added Tax), Centre Point Building, Birkirkara.
(2) Attorney General, The Palace, Valletta.
Respondent: Victor Zammit, 27, Blue Roses, Qrib San Anton, Attard.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals