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Court Notices published in Govt. Gazette No. 19,198 of 24th January 2014
01/01/2014
Notice 109
109By a decree of the Small Claims Tribunal, ofthe 7th 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(C 24655) of Fra Diego Street, Marsa, MRS 1501, filed a Claim on the 16th July, 2013 whereby they asked the Tribunal to condemn Chris Farrugia (ID 163281M), of79, Triq San Ġakbu, Xgħajra,to pay the plaintiff company the sum of€2,870.12 which amount is due to the plaintiff company.
With costs and legal interests.
The case (Claim Number 421/13NHV) is put off on the 27th January, 2014 at 12.05 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 110
110By means of a decree given on the 13th November, 2013 by the Civil Court (Family Section), in the records of the Sworn Application, in the names Caruana Angel pro et noe vs Hegarty Lee Michael, application number 201/13 RGM, the following publication was ordered for the purpose of service of the defendant in terms of Article 187 (3) of Cap. 12.
By means of a Sworn Application filed in the Civil Court (Family Section), in the names Angel Caruana (ID 376079M) in her own name, and in the name of her minor daughter Samantha vs Lee Michael Hegarty (ID 13825A), on the 27th September, 2013 the applicant Angel Caruana (ID 376079M), asked the defendant for the reasons premised why this Honourable Court should not:
Declare that the defendant Lee Michael Hegarty is the natural father of the minor Samantha, order the Director Public Registryto makethe opportune correction in the birth certificate of the minor Samantha, (Act number 2893/2000), as demanded in this application.
With costs against the defendants who are from now summoned so that a reference to their evidence be made.
Notify Defendant: Lee Michael Hegarty, Flat 4, Block A1, Ta’ Penellu, Mellieħa.
The Sworn Application in the names Caruana Angel pro et noe vs Hegarty Lee Michael, application number 201/13 RGM, has been put off for Thursday 13th March, 2014at 9.00 a.m.
Adv. Frank Portelli, LL.D.
For the Registrar Civil Courts and Tribunals
Notice 111
111By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 18th July, 2013 Application number 748/2013 by the Attorney General, where Brian Camilleri, son of the late John and Josephine Camilleri, born on the 17th February, 1968 in Pietà, holding identity card number 106568(M), was Incapacitated by means of a decree given on the 23rd August, 2013.
Alexandra Debattista
For the Registrar Civil Court and Tribunals
Notice 112
112It is hereby notified that the Court of Magistrates (Malta) by means of a decree given on the 11th December, 2013 in the records of the judicial letter number 2494/13, in the namesFogg Insurance Agencies Limited vs GasanMamo InsuranceLimited et , ordered the following publication for the purpose of effecting service in terms of Article 187 (3) of Cap. 12.
By means of a judicial letter filed in the Court of Magistrates (Malta) against Gasan Mamo Insurance Limited and Eligio Zerafa, ofWinter Fire, Triq il-Kunċizzjoni, Marsaxlokk,on the 19th August, 2013 Fogg Insurance Agencies Limited (C 597), for and on behalf of the foreign company Argus Insurance Company (Europe) Limited,ofLa Concorde, Abate Rigord Street, Ta’ Xbiex, andthis as subrogated in the rights of its insured Carmel Mercieca, on the basis of a comprehensive type of policy and of Law, and the same Carmel Mercieca (ID 313471M), whilst referring tothe car accident which occured on the 30th August, 2012at about 7.23 p.m. in Triq Bormla, Paola,between the vehicle registration number BBJ 438, insured by you Gasan Mamo Insurance Limited,and driven by you Eligio Zerafa, at the time of the accident, and the vehicle property of Carmel Mercieca with registration number BRO 221, solists you in solidum between you so that within three (3) days you pay the interpellant the sum of €55 representing the excess payment paid by the interpellantto Fogg Insurance Agencies Limited, as a result of this accident, and you pay the interpellant Fogg Insurance Agencies Limited the sum of €364 for all the payments paid to its insured as a result of the said accident, which accident occured solely because of your carelessness,negligence and lack of observance of the traffic regulations on your part Eligio Zerafa.
The interpellant informs you that in case the time given to you passes uselessly, they will have no alternative but to proceed furtherly against you by all the means permitted by law.
So much for your own guidance and to avoid costs and further procedures.
This judicial letter is being made particularly but not limitedly for the purpose of interrupting prescription in terms of Cap. 12 and Cap. 16 of the Laws of Malta.
With costs and legal interest.
ALEXANDRA DEBATTISTA
For the Registrar Civil Courts and Tribunals
Notice 113
113By means of a decree given by Courts of Magistrates (Malta), on the 27th November, 2013 in the records of the judicial letter number 2568/13, in the names Michael Attard Ltdvs Mary Claire Portelli et, the following publication was ordered for the purpose of service of 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 Mary Claire Portelli, (ID 322572M), of98, Triq Santa Liena, Birkirkara, and Anthony Portelli (ID 458660M), of 98, Triq Santa Liena, Birkirkara,on the 21st August, 2013 Michael Attard Ltd (C 32362) of Attard Building,National Road, Blata l-Bajda, calls upon you so that within two days from the date of service of this judicial act you pay the sum of €2,215.80 representing import of fifteen (15) bills of exchange signed by you, which bills of exchange lapsedon the 24th May, 2012, 24th June, 2012, 24th July, 2012, 24th August, 2012, 24th September, 2012, 24th October, 2012, 24th November, 2012, 24th December, 2012, 24th January, 2013, 24th February, 2013, 24th March, 2013, 24th April, 2013, 24th May, 2013, 24th June, 2013, and 24th July, 2013, but are still not paid for to the interpellant company which is still your creditor in the amount of €2,215.80, and this besides the interest from the date of each bill of exchange till the date of effective payment.
By means of this present, the interpellant companyis rendering executable its executive title here under indicated, and this in terms of Article 253 (e) Cap. 12 of the Laws of Malta.
For all intents and purposes of law, you are being informed that in terms of Article 253 (3)Cap. 12 of the Laws of Malta, you have the right that within twenty (20) days from the date ofservice of this act,you will present an application to oppose the execution of these bills of exchange.
If you fail to abide with this calling, the interpellant company shall pass to execute its executive titles, and this in terms of Article 256 (2) Cap. 12 of the Laws of Malta.
This official letter is requested in terms of Article 256 (2) Cap. 12 of the Laws of Malta.
With costs and besides the interests from the due date of the bills of exchange till the date of effective payment.
ALEXANDRA DEBATTISTA
For the Registrar Civil Courts and Tribunals
Notice 114
114By means of a decree of the 3rd December, 2013 in the records of the judicial letter number 3211/13, in the names John Mary Sammutvs Joseph Debattista,the First Hall of the Civil Court ordered the following publication for the purpose of service of the respondent in terms of Article 187 (3) of Cap. 12.
This judicial letter is being sent under the provisions of Article 253 (e) of Cap. 12 of the Laws of Malta, and if you do not make an application within twenty days from the service of this judicial letter that is being sent to render the same bills of exchange executable, and you do not show the Court that you have valid and serious reasons to oppose the execution of the bills of exchange, then this credit will be rendered executive.
By means of a judicial letter filed in the First Hall of the Civil Court against Joseph Debattista, (ID 303562M), of Ave Maria, Triq il-Vitorja, Ħal Qormi, on the 21st October, 2013 John Mary Sammut, of Jimmy Auto Dealer, Naxxar Road, Birkirkara, declares and conferms on oath that you are in debt with him in the sum of €20,965, besides further legal interest from when the bill of exchange lapsed till the date of effective payment, calls upon you so that you pay the said sum representing two bills of exchange signed by you in the amount of €10,482.50 each that has lapsed on the 22nd August, 2008 and the 22nd September, 2008 respectively (Doc. A) due in connection with the sale of the vehicle of type BMW 645 Ci with registration number T4 EXT.
He warns you that if within twenty days from the service of this judicial letter you do not show serious and valid reasons to oppose the execution of these bills of exchange, the debt will be rendered executive title, and executive warrants will be issued against you according to law.
ALEXANDRA DEBATTISTA
For the Registrar Civil Courts and Tribunals
Notice 115
115Bann for Curators.
Republic of Malta.
To The Marshall of the Court.
By means of a decree by this Court, on the 23rd December, 2013 following a request of Mary Grace Azzopardi, it was ordered that deputy curators be chosen to represent the absent Louis Busuttil,in the records of the Divorce Application609/13 RGM, in the names, Mary Grace Azzopardi vs Deputy Curators, and in the relative and subsequent acts.
By means of an Application filed in theCivil Court (Family Section) in the names, Mary Grace Azzopardi (ID 604761M), vsthe Adv. andthe LPappointed Deputy Curators to represent the absent Louis Busuttil (ID 509755M), on the 12th December, 2013 the applicant Mary Grace Azzopardi asked this Honourable Court:
to declarethat her marriage with the respondent Louis Busuttil be declared dissolved, and that the parties are divorced for all intents and purposes of law, and uphold the other demands in the application.
Applicant: Fiordaliso, Vjal Sir Paul Boffa, Paola.
Respondent: Deputy Curators, Courts of Justice, 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 (Family Section) above mentioned, with the witness of the Hon. Mr. Justice Mark Chetcuti BA LL.D. Doctor of Laws.
Adv. Frank Portelli, LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 116
116By means of a decree given by the First Hall Civil Court, on the 29 th November, 2013 in the records of the Sworn Application, in the names Banif Bank (Malta) plc (C 41030) vs Gary Portelli, application number 1006/13 AE, the following publication was ordered for the purpose of service of the defendant in terms of Article 187 (3) et seq. of Cap. 12.
By means ofa Sworn Application filed in the First Hall Civil Court, in the names Banif Bank (Malta) plc (C 41030) vs Gary Portelli (ID 295390M), on the 21st October, 2013 the company Banif Bank (Malta) plc asked this Honourable Court:
To decide this cause without proceeding to a hearing in terms of Articles 167 et seq. of Cap. 12 of the Laws of Malta, declare that the defendant forfeited every term given to him to pay and he became a debtor of the plaintiff company in the amount of €19,445.43 and condemn the defendant to pay the plaintiff company the global amount of €19,445.43.
With costs, as demanded...omissis... that the defendantis from now summoned so that a reference to his evidence is made, and saving any otherright due to the plaintiff company, in regard to the same defendant.
Applicant company: 203, Level 2, Rue D’ Argens, Gżira, Malta.
Defendant: 101, Triq Azzopardi, Marsa.
The Sworn Applicaton in the names Banif Bank (Malta) plc (C 41030) vs Gary Portelli, application number 1006/13 AE, has been put off to the 7th February, 2014 at 8.45 a.m.
Adv. Frank Portelli, LL.D.
For the Reġistrar Civil Courts and Tribunals
Notice 117
117By means of a decree given by the Court of Appeal(Inferior Jurisdiction), on the 21st November, 2013 in the records of the Sworn Application, in the names Francis Tonna vs Malta Transport Authority, Notice Number 402/10 GV, the following publication was ordered for the purpose of service of the respondent Charles, sive Carmelo Dimech, in terms of Article 187 (3) et seq. of Cap. 12.
By means of an Appeal Application filed in the Court of Appeal (Inferior Jurisdiction), Notice Number 402/10 GV, Francis Tonna vs Malta Transport Authority, and for any interest he may have Charles, sive Carmelo Dimech, on the 19th July, 2013 the applicant (ID 941644M), respectfully pleaded:
That in virtue of his application filed on the 14th October, 2010,the applicant Francis Tonna asked the Court: (i) to rejectall the demands brought against him in the official letter number 3869/10, dated 20th September, 2010; (ii) declare that Charles, sive Carmelo Dimech alone is responsible towards the Malta Transport Authority for all the payments vaunted by it in connection with vehicle registrationnumber IBG-919, which till the 31st August, 2010 amountedto €4,998.41;(iii) condemn Charles, sive Carmelo Dimech,to pay the Transport Authority the sum of €4,998.41;(iv) condemn the Malta Transport Authority so that within a short period which is not to be extendedwhich shall be fixed by the Court, it authorises a declaration in writing according to law,that he sold the vehicle with registration number IBG-919to Charles, sive Carmelo Dimech, and thus effect and accept a partial transfer of the same vehicle; (v) order the Malta Transport Authorityso that withina short and peremptory period fixed by the Court it exercises the obligation it has according to law, and collect the vehicle with registration number IBG-919, wherever it is with costs as demanded.
That in virtue of its Reply, the Malta Transport Authority opposed the Applicant’s demands and asked that the same be rejected, with costs against the applicant appellant since: (i) the applicanthas to prove the allegations made by him in the original Application;(ii) Charles, sive Carmelo Dimech cannot be calledinto these procedures, sincethe judicial letter with number 3869/10 was filed against the applicant only; (iii) in any case the applicant admitsthat he sold the vehiclewith registration number IBG-919 to Charles, sive Carmelo Dimech, on the 2nd October, 2002;(iv) in terms of Article 26 of Cap. 65 of the Laws of Malta, it is the owner of the vehicle who has to give notice of transfer of the vehicle and not someone else. Once the applicant failed to conform himselfwith that provided in Article 26 of Cap. 65 of the Laws of Malta,he is still responsible for the paymentsclaimed by it; (v) although the applicant contends that he did all that possible,includingthe instituting of criminal procedures against Charles, sive Carmelo Dimech, in order that he register the transfer of the vehicle, had the applicant abided with that provided in Article 26 of Cap.65 of the Laws of Malta, at the time of the transfer of the vehicle today he would not be in the positionthat he has to defend himself from the Authority’s pretensions...omissis... (viii) once the applicant did not abide himself with the law and did not give the Authority notice of transfer, he is bound to pay that due according to law.
That Charles, sive Carmelo Dimech was notified with the original Application and the notice of hearing by means of the procedure of posting and publication but failedto reply to the same, and did not appear for the sittings held by the Court.
That in virtue of its judgement given on the 1st July, 2013 the Court of Magistrates decided the cause by rejectingthe Applicant’s demands brought forward by him in the originalapplication with costs to be borne by him.
That the applicant felt aggrieved by the judgement of the Court of First Instance, and is humbly filing an appeal therefrom.
That the grievances of the interpellant are clear and manifest, and consist limitedly in the following:
1. The Court of First Instance was mistaken when it found a fol 8 in its judgement ’that the applicant (appellant) did not manage to satisfactorily prove that in the case in question there be a modification as regards the legal effects of that provided in Article 26 of Cap. 65 of the Laws ofMalta.
2.In the first place the applicant admitsfully his civil responsibility as regards the respondent Authority, but in the light of what shall be submitted later on he upholds that in the case in question there should be some modification in his regard.
3.That the above is being submitted also in the light (a fol 8 of the judgement), where theCourt of First Instancejustly upheld that till the provisions of Legal Notice 197 of 2009 came into being, it was only the Police and Local Councils who had the power to tow vehicles from the street, itdid not give any consideration, and/or provision resulting from the factthat the respondent Authoritydid not do anythingwhen the law came into being till this day to tow the vehicle ‘ de quo’ nothwithing the callings made to it.
4...........omissis...........
5. That the other grievance of the interpellant is whereby the Court of First Instance rejected his first demand,and found out his remaining demands cannot be brought forward in any manner in the context of these procedures.
6. It is the case that these proceduresemerged and are specifically regulated by Articles 57 (3) (4) and (5) of Cap. 68 of the Laws of Malta.
7. Subarticle (3) states that these procedures were commenced by an application filed against the Authority howeverit is nowhere stated that they have to be commenced against the Authority only.
8...........omissis...........
9. In view of the original sworn application and in terms of Article 961 in virtue of a Court decree, Charles, sive Carmelo Dimech, had he not already been summonedhe could have been called inthis cause bothat the request of one of the parties, as well as without that request.
10. The presence of Dimech in this cause is not only essential but is also advantageous to all the parties.
...........omissis...........
Thus in view of that premised, whilst the applicant makes ample reference to all the proof brought forward in first instance, and whilst producingfurther proof permitted to him according to law, respectfully prays that this Honourable Court reforms the judgement of the Court of Magistrates, of the 1st July, 2013 as demanded in this Appeal application, amongst which by condemning Charles, sive Carmelo Dimech,to pay the Respondent Authority the sum due of €4,998.41 if necessary in solidum with the appellant, and order the Malta Transport Authority so that within a short and peremptory period fixed by the Court, it carries out the obligation it has according to law, and collect the vehicle with registration number IBG-919, where it is situated.
With costs according to the outcome of this appeal.
Applicant: Villa Frankit, Triq l-Imnarja, Dingli.
Respondent ...........omissis...........
Res. Charles, sive Carmelo Dimech, ‘Our Nest’, Triq l-Indipendenza, Żebbuġ, Malta.
Adv. Frank Portelli, LL.D.
For the Registrar Civil Courts and Tribunals
Notice 118
118By means of a decree of the 6th November, 2013 of the Civil Court First Hall, in the records of judicial letter number 2194/13, in the names Director General of Value Added Tax vs Carmvic Buontempo pro et noe,the following publication for the purpose of service was ordered in terms of Article 187 (3) of Cap. 12.
In the First Hall of the Civil Court.
To Carmvic Buontempo (ID 122869M), in his own name and as director for and on behalf of the company Anelika Turnkey Contractors Limited (C 29474).
By the present, the Director General of Value Added 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 (2) days from the service of this act, you pay the amount of €405,753.94 representing amount due by you pro et noe according to the same Act.
With costs and interest according to Act XXIII of 1998 above mentioned till the date of effective payment.
This calling is being made for all intents and purposes of law, and particularly but not exclusively in order to render executive title which the same Director General of Value Added Tax has against you by means of a notice sent to you.
In default, the interpellant warns you, that he shall pass to execute the said executive title he has against you pro et noe by means of the opportune warrants.
So much so that you may know how to regulate yourself and to proceed.
Service:56, Old Railway Track, Santa Venera, and/or Tower Manor Court, Block A, Flat 2, Triq il-Port Ruman, St Paul’s Bay.
ALEXANDRA DEBATTISTA
For the Registrar Civil Courts and Tribunals
Notice 119
119It is being notified that by a decree dated 17th January, 2014 given by the Court of Magistrates (Malta), as a Court of Criminal Inquiry,(Magistrate Dr Antonio Giovanni Vella LL.D.), after an application filed by Michael Borg, on the 30th August, 2013 Compilation number 667/2013 in the case: The Police(Inspector Ian Joseph Abdilla), (Inspector Anna Marie Micallef), (Inspector Yvonne Farrugia), versus Anthony Cremona,Robert Agius, Paul Anthony Pisani, Shannon Cauchi, and Michael Borg, 38 years, Fisherman, son of Carmelo and Carmen née Caruana, born in Pietà, on the 1st of February, 1975 residing at number 26, Salvatore Imbroll Street, Paola, and holder of identity card bearing number 98875M, acceded to the request of Michael Borg, in the sense that the Court authorised the accused 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 in terms of Article 5 of Cap. 373 of the Laws of Malta.
The publication of this order is being published in terms of Article 23A,Cap. 9 of the Laws of Malta, following another publication made on the 30th July, 2013 after a decree dated 23rd July, 2013 of the Court of Magistrates (Malta) as a Court of Criminal Inquiry where the Court ordered the attachment in the hands of third parties in a general manner all monies and other movable and immovable property which may be due to, or belonging to Michael Borg and the other accused.
Dr Yvette Borg LL.D.
For the Registrar Criminal Courts and Criminal Tribunals
Notice 120
120It is being notified that by a decree dated 2nd January, 2014 given by the Court of Magistrates (Malta), as a Court of Criminal Judicature, (Magistrate Dr Nathasha Galea Sciberras LL.D.), in the case: The Police vs Joseph Camilleri, son of John and Frances Ghiller, born in Australia, and residing Flat 2, Entrance B, Binja Nigret, Triq Nigret, Żurrieq, and holder of identity card number 434884(M), ordered the cancellation of the attachment order of all the assets of the said Joseph Camilleri given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry by a decree dated 1st July, 2003 and published in the Government Gazette on the 8th July, 2003.
This order is being published according to Article 22A (6) of Cap. 101 of the Laws of Malta.
DR JOHN SEYCHELL NAVARRO LL.D.
Assistant Registar Criminal Courts and Criminal Tribunals (Malta)
Notice 121
121By a decree of the Small Claims Tribunal, ofthe 6th November, 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(C 24655) of Fra Diego Street, Marsa, MRS 1501, filed a Claim on the 19th July, 2013 whereby they asked the Tribunal to condemn Renald Falzon (ID 327475M), of56, Flat 21, Triq Victor Denaro, Msida,to pay the plaintiff company the sum of€557.85, which amount is due to the plaintiff company.
With costs and interests.
The case (Claim Number 433/13NHV) is put off on the 27th January, 2014 at 12.05 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals