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Court Notices published in Govt. Gazette No. 19,273 of 1 July 2014
01/01/2014
Notice 1030
1030By means of a decree given on the 26th of June, 2014 by the Civil Court (Voluntary Jurisdiction Section), on an application number 593/2014 filed by Raymond Camilleri,wherein it has been ordered the opening and publication of the secret will of Alfred Camilleri (ID 666037M), son of the late Joseph and Carmela née Attard, born in Pietà and died at Tal-Qroqq, Imsida, on the 30th of April, 2014 aged 76 years.
The opening and publication of this will shall be held on Tuesday, the 15th day of July, 2014 at forty-five minutes past midday (12.45 p.m.), at the Annexe of the Law Courts at 34, Strait Street, Valletta, under the Ministry of Notary Doctor Rosella Sciberras.
Marcel Bugeja
For the Registrar Civil Courts and Tribunals
Notice 1031
1031By means of a decree of the 7th May, 2014 in the First Hall of the Civil Courts,in the records of the judicial letter number 515/14 in the names Bank of Valletta plc vsMaria Lourdes Bailey,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 Maria Lourdes Bailey (ID 544871M), of3, Brug 1, Flat 4, Triq l-1 ta’ Mejju, Birkirkara, on the 19th February, 2014 Bank of Valletta plc of1/5, Misraħ San Ġorġ, Valletta VLT 1190,calls upon you so that within two days you pay the sum of €14,609.01 balance of debt in your Loan Accounts with Bank of Valletta plctogetherwith further interests from the 27th November, 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 1032
1032By a decree of the Consumer Claims Tribunal, ofthe 29th May, 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).
Emanuel Aquilina of1, Triq l-Assedju l-Kbir, Tarxien, filed a Claim on the 2nd December, 2013 whereby he asked the Tribunal to condemn Kurt G Pace of Architectural Designers Penthouse, of 3/42, Torri Lanzon Street, Mensija, San Ġwann, and/or 20, Fairview, Triq V Boron, San Pawl tat-Tarġa, Naxxar NXR 2280,to pay the plaintiff the sum of€1,180 which amount is due to the plaintiff.
The case (CCT Number 55/14) is deferred for the 29th July, 2014 at 1.00 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 1033
1033It is hereby notified in virtue of the powers conferred on it by Article 257 of the Civil Code, the Court of Revision of Notarial Acts by a Decree dated the 20th June, 2014 and this after a written plea numbered 84/2014 ordered:
The correction of the Act of Birth of Liza Axisa, bearing number 5076 of the year 2012, under the columns entitled ‘The mother - Birth’, the name ‘Kazan Tatarstan Russia’ is to be cancelled, and substituted with the name ‘Naberezhyne Chelny, Tatar Autonomous Soviet Social Republic’.
Mary Josette Musù
For the Registrar Court of Revision of Notarial Acts
Notice 1034
1034By means of a decree of the 11th September, 2013 of the Civil Court First Hall in the records of judicial letter number 2556/13, in the names Robert Quinn vs R & S Developments Limited, the following publication for the purpose of effecting service on the respondent was ordered in terms of Article 187 (3)of Cap. 12.
In the First Hall of the Civil Court
To: R & S Developments Limited (C 42092), of 157, Fleur-de-Lys Road, Birkirkara.
By the present, Robert Quinn, holder of British passport number 035693077, residing at 27, Cityford Drive, King’s Park, Glasgow, Scotland, solicits you so that within seven (7) days from the date of this letter you come forward and pay the sum of €102,000 respresenting the balance due by you as resulting from a Constitution of Debt deed published by Notary Andrè Farrugia, on the 1st November, 2010 which amount is still not paid till today.
In default on your part to pay the amount within the time given, the applicant will have no alternative but to proceed against you according to law, including the issueing of the relative warrants.
So much for your own guidance.
With costs and commercial interest.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 1035
1035By a decree of the Small Claims Tribunal, ofthe 21st 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).
Mobisle Communications Limited (C 24655), of Triq Fra Diego, Marsa MRS 1501, filed a Claim on the 24th September, 2013 whereby they asked the Tribunal to condemn Ibrahim Aboushihab (ID 62293A), of Hever Court, Flat 14A, Triq il-Molletta, Swieqi, to pay the plaintiff company the sum of €2,628.10, which amount is due to the plaintiff company.
With costs and legal interests.
The case (Claim Number 600/13DMA) is deferred for the 9th July, 2014 at 12.30 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 1036
1036By means of a decree given by the First Hall Civil Court, on the 11th October, 2013 in the records of the Sworn Application in the names Director General(Inland Revenue) vs Holmgren René, Application number 790/13 AE, 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 Director General (Inland Revenue vs René Holmgren (ID 49345A), on the 14th August, 2013 the Director General Inland Revenue respectfully pleaded:
ThatCouncil Directive No. 2008/55/KE, of the 26th May, 2008 on mutual assistance for the recovery of claims relating to certain levies, duties, taxes and other measures was a directive that promotes and regulates collaboration between Member States withrespect to recovery of tax from debtors of other Member States that are at present in a given member state.
That subsequently 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 repealed the afore-mentioned Directive and was transposed in the Laws of Malta by means of Legal Notice 153 of year 2012. This legislation permits the Director General (Inland Revenue) in the name of the Minister responsible for Finance as the competent authority, to collect the tax owed in the name of the other Member States where the debtor is present in Malta. This includes any request that has been made in terms of Directive No. 2008/55, including the present request and this according to the mentioned Legal Notice.
That in terms of the mentioned Directive, the competent authority of Sweden, otherwise known as 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 Sweden,in the amount of forty-eight thousand, four hundred and sixteen Swedish Crowns (SEK 48,416), which amount is equivalent to four thousand five hundred and thirty-seven Euro and thirty-five cents (€4,537.35),as results from the Tax Register except 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, andthus the applicant is hereby proceeding to collect the mentioned amount since the same debt is deemed to be considered as being due to the Government of Malta and this in terms of Article 9 of the mentioned Legal Notice.
That furthermore, the respondent has a right to a translation of Doc. A into any of the official languages ofthe European Union or of Malta. In regard to this, a document is hereby attached and marked as Doc. B to inform the respondentbe specifically informed that such request is to be made within seven (7) days of service of Doc. A.
That the applicant is satisfiedthat the requisities imposed by the mentioned Directive with respect to this claim for recovery have all been met.
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 Courtin 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 Cap. 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: Les Maisons, Flat No. 306, Triq il-Giżimini, Swieqi SWQ 3542.
147, Flat 7, Tower Road, Sliema SLM 1064.
The Sworn Application in the names Director General (Inland Revenue) vs Holmgren René, applicationnumber 790/13 AE, has been deferred for hearing to the 8th October, 2014 at 8.30 a.m.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Notice 1037
1037By a decree of the Small Claims Tribunal, of the 2nd June, 2014 the publication of the following extract was ordered for the purpose of service in terms of Article 187 (5) of the Code of Organisation and Civil Procedure (Cap 12).
Go plc (C 22334) of Triq Fra Diego, Marsa MRS 1501, filed a Claim on the 18th March, 2013 whereby they asked the Tribunal to condemn Gordon Debono (ID 234574M), as legal representative of Malta Directories Limited, of Drive In, Triq Tumas Galea, Birkirkara, to pay the plaintiff company the sum of €650.24, which amount is due to the plaintiff company.
With costs and legal interests.
The case (Claim Number 150/13DMA) is deferred for the 9th July, 2014 at 12.05 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 1038
1038By a decree of the Small Claims Tribunal of the 9th July, 2013 the publication of the following extract was ordered for the purpose of service in terms of Article 187 (5) of the Code of Organisation and Civil Procedure (Cap. 12).
We Advertise Ltd (C 31536), of Charles Court, Level 1, St Luke’s Rd, Gwardamanġa, filed a Claim on the 18th April, 2013 whereby they asked the Tribunal to condemn Kargo Aluminium Ltd (C 35555), of Kargo House, Triq San Ġwakkin, Imrieħel,to pay the plaintiff company the sum of €300, which amount is due to the plaintiff company.
With costs and legal interests.
The case (Claim Number 241/13YMS) is deferred for the 10th July, 2014 at 12.30 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 1039
1039By a decree of the Small Claims Tribunal, of the 29th 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).
Mobisle Communications Limited (C 24655), of Triq Fra Diego, Marsa MRS 1501, filed a Claim on the 12th February, 2014 whereby they asked the Tribunal to condemn Seabrook Jon Charles (ID 372602L),of 171, Central Court, Flat 2, Triq il-Granmastri, Marsaskala, to pay the plaintiff company the sum of €800.71, which amount is due to the plaintiff company.
With costs and legal interests.
The case (Claim Number 93/14YMS) is deferred for the 9th July, 2014 at 12.30 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 1040
1040By a decree of the Small Claims Tribunal, ofthe 21st 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).
Mobisle Communications Limited (C 24655), of Triq Fra Diego, Marsa, MRS 1501 filed a Claim on the 12th February, 2014 whereby they asked the Tribunal to condemn Daryl Mark Pace (ID 440092M), of 41, Triq il-Belvedere, Gżira, to pay the plaintiff company the sum of €1,008.95, which amount is due to the plaintiff company.
With costs and legal interests.
The case (Claim Number 92/14DMA) is deferred for the 9th July, 2014 at 12.30 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 1041
1041By a decree of the Small Claims Tribunal, ofthe 9th June, 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).
Mobisle Communications Limited (C 24655), ofTriq Fra Diego, Marsa MRS 1501, filed a Claim on the 30th April, 2014 whereby they asked the Tribunal to condemn Matic Analise (ID 199079M), ofMidas, Flat 4, Triq Sant’Antnin, Imsida, to pay the plaintiff company the sum of€1,594.12 which amount is due to the plaintiff company.
With costs and interests.
The case (Claim Number 291/14DMA) is deferred for the 7th July, 2014 at 12.05 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 1042
1042By a decree of the Small Claims Tribunal, ofthe 22nd May, 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).
Go plc (C 22334), ofTriq Fra Diego, Marsa MRS 1501,filed a Claim on the 18th March, 2014 whereby they asked the Tribunal to condemn Smith Edward Bryan William James (ID 61253A), of Taomina Court, Flat 4, Triq Vincenzo Hyzler, San Ġwann,to pay the plaintiff company the sum of€791.65, which amount is due to the plaintiff company.
With costs andlegal interests.
The case (Claim Number 202/14NHV) is deferred for the 7th July, 2014 at 12.05 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 1043
1043By a decree of the Small Claims Tribunal, of the 1st 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).
Go plc (C 22334), ofTriq Fra Diego, Marsa MRS 1501,filed a Claim on the 12th February, 2014 whereby they asked the Tribunal to condemn David Vassallo (ID 454573M), of 29, Triq San Pawl, Ħad-Dingli,to pay the plaintiff company the sum of€664.38, which amount is due to the plaintiff company.
With costs and legal interests.
The case (Claim Number 94/14NHV) is deferred for the 7th July, 2014 at 12.05 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 1044
1044By a decree of the Small Claims Tribunal, of the 6th May, 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).
Go plc (C 22334), ofTriq Fra Diego, Marsa MRS 1501,filed a Claim on the 4th February, 2014 whereby they asked the Tribunal to condemn David Barry (United Kingdom Passport 461577075GB), of 28, Triq San Ġorġ, Gżira,to pay the plaintiff company the sum of€548.07, which amount is due to the plaintiff company.
With costs and legal interests.
The case (Claim Number 76/14NHV) is deferred for the 7th July, 2014 at 12.05 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 1045
1045By means of a decree given by the Civil Court First Hall, on the 5th June, 2014 in the records of the Sworn Application, in the names Borg Nazzareno, sive Rennie vs Borg Mary Grace, Application numbert 283/14 AF, 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 Nazzareno, sive Rennie Borg (ID 964845M) vs Mary Grace Borg (ID 920148M), on the 4th April, 2014 the applicant Nazzareno, sive Rennie Borg (ID 964845M) asked this Honourable Court:
To order and authorise the sale of the premises ‘San Pawl’, Daħlet id-Dejr, Rabat, Malta, and uphold the other demands in theapplication, amongst which the appointment of Deputy Curators to represent the eventual defaulters on the deed of transfer.
With costs against the respondent.
Service: ‘Belleville Court’, E 12, Triq San Luqa, Pietà.
The Sworn Application in the names Borg Nazzareno sive Rennie vs Borg Mary Grace, application number 283/14 AF, has been deferred for hearing to the 8th October, 2014 at 9.00 a.m.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Notice 1046
1046By a decree delivered by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, on the tenth (10th) of June, 2014 in judicial sale number 33/2013, in the names Bella Claudia Nicoletta Cassar vs Anthony Cassar, Monday 15th September, 2014 at 10.00 a.m. has been scheduled for the Sale by Auction, that has been ordered by a decree delivered on the 28th of October, 2013, to be held at the Gozo Court’s edifice in Cathedral Square, Victoria, Gozo, of the following properties:
Five (5) plots of land in the limits of Munxar, Gozo, overlooking Xlendi Road that is: (a) the plot numbered six (6), with a superficial area of one hundred and eighty-seven square metres (187 square metres), bounded on the North with Xlendi Road, East with property of Joseph Bonnici, and West with property of Joseph Xerri, or their heirs in title; (b) plot numbered eight (8), with a superficial area of one hundred and eleven square metres (111 square metres), bounded on the North with Xlendi Road, East with property of Joseph Xerri, and West with plot number nine (9) described below; (c) plot number nine (9), with a superficial area of one hundred and thirty-two square metres (132 square metres), bounded on the North with Xlendi Road, East with plot number eight (8) as described above, and West with plot number ten (10) described below; (d) plot numbered ten (10), with a superficial area of one hundred and forty-two square metres (142 square metres), bounded on the North with Xlendi Road, East with plot number nine (9) described above, and West with plot number eleven (11) described below; (e) plot number eleven (11), with a superficial area of one hundred and fifty-three square metres (153 square metres), bounded on the North with Xlendi Road, East with plot number ten (10) described above, West with property of Mario Bezzina or his heirs in title, all of them free and unencumbered, valued €3,900, €2,300, €2,800, €3,000 and €3,200 respectively.
Undivided share of one twelfth (1/12) property with numbers forty-two (42) and forty-three (43), Dun Pawl Micallef Street, Victoria, Gozo, valued €20,000.
Undivided share of one twelfth (1/12) of the temporary utile dominium for the remaining period of approximately eight (8) years of property number sixteen (16), Dun Pawl Micallef Street, Victoria, Gozo, valued €22,500.
These properties pertain to Anthony Cassar, in business, son of Anthony and Josephine née Caruana, born in Victoria, Gozo, and residing at Xagħra, Gozo, identity card number 36061(G).
The said properties will be sold as described in the report sworn to by AIC Ruben Sciortino on the 13th of June, 2014.
Daniel Sacco
For the Registrar Gozo Courts and Tribunals
Notice 1047
1047By a decree given on the 16th May, 2013 by the Civil Court First Hall, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to Article 187 (5) of the Code of Organisation and Civil Procedure (Cap. 12).
By the application filed in the Civil Court First Hall, on the 22nd February, 2013 by HSBC Bank Malta plc (C 3177), Application number 13/13, in the names HSBC Bank Malta plc vs Zanzara Co. Ltd is being asked that the Court orders the Sale by Auction of:
The apartment internally marked number 3, Victoria Apartment, number 88, Triq il-Kapuċċini, San Ġwann, on the second floor presently valued on the market, free and unencumbered, valued seventy-five thousand Euro (€75,000).
The penthouse with overlying airspace, considered by the architect as a duplex unit, Victoria Apartment, number 88, Triq il-Kapuċċini, San Ġwann, free and unencumbered, valued eighty thousand Euro (€80,000).
The properties also includes one fourth undivided share of the common parts of the said block.
The said tenements are the property of Zanzara Co. Ltd (C 34881).
Rudolph Marmarà
For the Registrar Civil Courts and Tribunals
Notice 1048
1048By means of a decree given on the 11th June, 2014 by the Court of Appeal (Inferior Jurisdiction), in the records of the Appeal Application, in thenames Grand Hotel Excelsior Limited vs Chetham Raymond Steer et, Appeal Number 57/12, the following publication was ordered for the purpose of service of the respondent Roy Steer in terms of Article 187 (3) et seq. of Cap. 12.
Whereas the written procedures in the cause before the Court of Appeal between Grand Hotel Excelsior Limited vs Raymond Steer Chetham, Jane Steer Chetham, Paul Degaetano, Josienne Degaetano, Jennifer Farrugia, Eugenio Farrugia as carrying on trade as RS and Partners and Roy Steer as manager of the same firm, the Court fixed the hearing of the cause on Wednesday, eleventh (11th) of June, 2014 at 9.00 a.m. and deferred for the 9th July, 2014 at 9.00 a.m.
Service: Flat 10, Binja Għennieq Flats, Triq il-Ħamrija, Naxxar.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Notice 1049
1049By means of a decree of the Small Claims Tribunal, of the 30th May, 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).
Dingli Co. International Limited as mandatory of the foreign company The Performing Right Society Limited, of London, England (C 7692),ta’ 18/2, South Street, Valletta, VLT 11,filed a Claim on the 19th December, 2013 whereby they asked the Tribunal to condemn M & C Co Ltd, of Trattoria Palazz, 43, Old Theatre Street, Valletta VLT 10,to pay the plaintiff company the sum of €1,180.19 which amount is due to the plaintiff company.
With costs and interests.
The case (Claim Number 802/13GB) is deferred for the 4th July, 2014 at 12.30 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 1050
1050By a decree given on the 27th May, 2014 by the Civil Court First Hall, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to Article 187 (3) of the Code of Organisation and Civil Procedure (Cap. 12).
By the application filed in the Civil Court First Hall on the 13th March, 2014 by Bank of Valletta plc (C 2833), Application number 13/14 in the names Bank of Valletta plc vs Maria Borg (ID 121981M), being asked that the Court orders the Sale by Auction of:
The apartment on ground floor, including a back gardenand an internal courtyard, internally marked numbered two (2), forming part of a block of apartments numbered thirty-eight (38), named ‘Bajada Buildings’, situated in Sawmill Street, Imsida. The said apartment is located on the right hand as one faces the block from the street.Included with the apartment is the undivided pro rata share with the other owners of the said block of all the parts intended for common use including the entrance, entrance hall, stairs, landings and stairwell leading onto the roof, and the roof. The said apartment is subject to the annual and perpetual subgroundrent of four Euro and sixty cents (€4.60), part of a greater perpetual subgroundrent of forty-nine Euro and nine cents (€49.09) value imposed on the entire block, with all its rights and appurtenances.
The said property belongs to Maria Borg (ID 121981M).
Marvic Farrugia
For the Registrar Civil Courts and Tribunals
Notice 1051
1051By a decree given by the Civil Court First Hall, on the 24th June, 2014 on the application of Palm City Limited, Monday, 28th July, 2014 at half past nine in the morning (9.30 a.m.), has been fixed for the Sale by Auction to be held at the 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 Civil Courts and Tribunals
Notice 1052
1052By a decree of the 30th May, 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 Article 187 (3) of the Code of Organisation and Civil Procedure (Cap. 12).
That by an Application filed by Bank of Valletta plc on the 14th November, 2013 the said person is asking for the withdrawal of keys from the schedule of deposits 390/13 in the names Bank of Valletta plc vs Salem Ben Halim et, in the acts of the judicial Sale by Auction numbered 81/12 in the names Bank of Valletta plc (C 2833) vs Salem Ben Halim et. The Court ordered the notification of the application to all the interested parties with a ten day period for the reply.
Rudolph Marmarà
For the Registrar Civil Courts and Tribunals
Notice 1053
1053By means of a decree given on the 11th June, 2014 by the Court of Appeal (Inferior Jurisdiction), in the records of the Appeal Application in the names Soldi Paolo vs Micallef Paul, Appeal number 356/08, the following publication was ordered for the purpose of service of the respondent Paul Micallef in terms of Article 187 (3) et. seq. of Cap. 12.
Whereas the written procedures in the cause before the Court of Appeal between Paolo Soldi vs Paul Micallef have been closed, the Court fixed the hearing of the cause on Wednesday, eleventh (11th) June, 2014 at 9.00 a.m., and deferred for the 9th July, 2014 at 9.00 a.m.
Service: (1) 54, Tragheada, Triq is-Sagħtrija, Attard.
(2) 30, Triq it-Torri, San Ġwann, Birgu.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Notice 1054
1054It is hereby notified in the virtue of the powers conferred on it by Article 257 of the Civil Code, the Court of Revision of Notarial Acts by a Decree dated the 23rd day of May, 2014 and this after a written plea numbered 47/2014 ordered:
The correction of the Act of Death of Mark Stephen Reeve, bearing number 329 of the year 2014, in that under the column titled ‘Place of Birth’, the place ‘Ipswich’ is to be cancelled, and instead substituted by the place ‘Manchester’.
Alan K. Zerafa
For the Registrar Court of Revision of Notarial Acts
Notice 1055
1055By means of a decree given on the 25th of June, 2014 by the Civil Court (Voluntary Jurisdiction Section), on an application number 563/2014 filed by Josephine Camilleri and others, wherein it has been ordered the opening and publication of the secret will of Antonia Camilleri (ID 294429M), widow of Giovanni Camilleri, daughter of the late Pacifico Agius u Giuseppa née Cilia,born at Mosta and died at Tal-Qroqq, Imsida, on the 1st of April, 2014 aged 84 years.
This opening and publication of this will shall be held on Tuesday, the 15th day of July, 2014 at half past noon (12.30 p.m.) at the Annexe of the Law Courts at 34, Strait Street, Valletta, under the Ministry of Notary DottorMarco Burlò.
Marcel Bugeja
For the Registrar Civil Courts and Tribunals
Notice 1056
1056By a decree of the Court of Magistrates (Malta), of the 26th May, 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).
Bank of Valletta plc (C 2833), of 1/5 Misraħ San Ġorġ, Valletta VLT 1190,filed a Claim on the 9th May, 2014 whereby they asked the Court to condemn Joseph Johan Manicaro (ID 574477M), of153, Maria Annunzjata, Triq Santa Marija, Tarxien,to pay the plaintiff company the sum of €9,179.30 which amount is due to the plaintiff company.
With costs andinterests.
The case (Notice Number 166/14FDP) is deferred for the 7th July, 2014 at 9.00 a.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 1057
1057By a decree given on the 17th June, 2014 by the Civil Court First Hall, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to Article 187 (3) of the Code of Organisation and Civil Procedure (Cap. 12).
By a decree given by the Civil Court First Hall, on the 23rd June, 2014 on the application of Portelli Michael, Wednesday, 23rd July, 2014 at half past nine in the morning (9.30 a.m.), has been fixed for the Sale by Auctionto be held at AT10, Industrial Estate, Attard, of the following items seized from the property of Ciantar Miriam.
Bedroom furniture, kitchen furniture, two sofas, glass table, microwave, oven, fridge freezer, steamer, convection oven, stereo, DVD, television, tables, chairs, units,frames and other objects.
N.B. The said objects will be sold as described in the acts of the judicial sales 10/14.
Marvic Farrugia
For the Registrar of Civil Court and Tribunals
Notice 1058
1058By a decree of the Court of Magistrates (Malta), of the 3rd February, 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 Ltd (C 30560), of EkoCentre, Triq il-Latmija, Marsaskala,filed a Claim on the 27th November, 2013 whereby they asked the Court to condemn Ludwig Dimech (ID 135683M), ofHoneysuckle, N/S in Vjal l-Indipendenza, Żebbuġ,to pay the plaintiff company the sum of €3,617.79 which amount is due to the plaintiff company.
With costs andinterests.
The case (Notice Number 372/13FDP) is deferred for the 11th July, 2014 at 9.00 a.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 1059
1059By means of a decree given by the Court of Appeal (Inferior Jurisdiction), on the 18th June, 2014 in the records of the Sworn Application, in the names Fenech Profs. Albert et vs Vat Michel et, Application number 209/11, the following publication was ordered for the purpose of service of the respondents in terms of Article 187 (3) et. seq. of Cap. 12.
Whereas the written procedures in the cause before the Court of Appeal between Profs. Albert Fenech vs Michel Vat and Carla Winters have been closed, the Court fixed the hearing of the cause on Wednesday, eighteenth (18th) of June, 2014 at 9.00 a.m. By order of the Court of the 18th June, 2014 the cause was deferred in order that the respondents be notified with the Notice of Hearing to the 24th September, 2014 at 9.00 a.m.
Notify: Michel Vat and Carla Winters,Flat 9, 239, Tower Road, Sliema.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Notice 1060
1060By means of a decree given on the 21st May, 2014 by the Civil Court First Hall, in the records of the Sworn Application, in the names Five Star Hotels Ltd vs Events Travel and Incentives Limited, application number 126/14 MCH,the following publication was ordered for the purpose of service of the defendant company 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 Five Star Hotels Limited (C 4848) vs Events Travel and Incentives Limited (C 13049), on the 11th February, 2014 the applicant company Five Star Hotels Limited, registration number C 4848, asked the defendant company to state why this Court should not:
Proceed to give judgement according to the demand of the plaintiff company without proceeding to a hearing in terms of Article 167 to 170 of the Code of Organisation and Civil Procedure, and condemn the defendant company to pay the plaintiff company the sum of sixty-six thousand, six hundred thirty-three Euro and fifty-three cents (€66.633.53),due in connection with services renderedto the defendant company following its instructions for the reasons premised.
With costs and legal interests against the defendant company summoned so that a reference to its evidence be made.
Applicant: 22, Europa Centre, John Lopez Street, Floriana.
Services: 206, Tower Road, Sliema.
The Sworn Application in the names Five Star Hotels Limited (C 4848) vs Events Travel and Incentives Limited (C 13049), application number 126/14 MCH, has been deferred for hearing to the 2nd October, 2014 at 9.00 a.m.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Notice 1061
1061By means of a decree given on the 4th June, 2014 by the Court of Appeal (Inferior Jurisdiction), in the records of the Appeal Application, in the names Selective Quality Letting Limited (C 28601) vs Oswald Agius, application number 232/13 CSH, the following publication was ordered for the purpose of service of the respondent Oswald Agius in terms of Article 187 (3) et. seq. of Cap. 12.
By means of an Appeal Application filed in the Court of Appeal, in the names Selective Quality Letting Limited (C 28601) against Oswald Agius, the appellant applicant company Selective Quality Letting Limited (C 28601) respectfully pleaded:
1. Introduction.
1.1. That by means of an application filed before the Honourable First Hall, on the 13th August, 2013 the applicant company asked this Honourable Court to condemn the respondent defendant to pay it the sum of (€3,600), or more correct sum that shall be liquidated by this Court representing compensation for services rendered by it to the defendant.
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1.2 That the defendant hereby respondent answered by means of a reply presented on the 20th September, 2013 in virtue of which he pleaded: (i) in the first place the lack of juridical relationship with the plaintiff company, (ii) the untimeliness of the action, (iii) as regards the merit the plaintiff’s demands areunfounded in fact and at law, (iv) there do not subsist the necessary elements which justifythe demand for the payment of brokerage, (v) the plaintiff company is to explain and justify how it arrived for the amount claimed by it.
1.3 That the Honourable First Court heard the proof and the pleadings on the first two pleas of a preliminary nature.
2. Grievances.
2.1 That the interpellant company feels aggrieved by the judgement given by the Honourable First Court on the 9th April, 2014.
2.2. That the interpellant company agrees with that part of the judgement of the Honourable First Court, whereby it rejected the plea of untimeliness of the cause but does not agree with that part of the judgement of the Honourable First Court, whereby it upheld the plea that the respondent defendant does not have a juridical relationship with the interpellant company. In this regard, the grievances of the interpellant company are briefly the following:
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3. The First Grievance, The Honourable First Court was mistaken when it upheld that there was no juridical relationship between the parties.
3.1.That from the records of the cause, it results that the appellant company asked the respondent defendant to be condemned to pay the sum representing compensation for services rendered by it following a request of the respondent defendant. The respondent defendant replied amongst other things that there is no juridical relationship with the plaintiff company.
3.2 That what results from the proof brought beforethe Honourable First Court, which proof was limited to two preliminary pleas raised by the respondent defendant is that the respondent defandant is the owner of the premises 37, Triq Ġorġ Borg Olivier, St Julians, and that he had spokento Joseph Sullivan, Director of the applicant Company in order that he may find for him a lessee to take on lease the premises just mentioned. The respondent defendant upheld thus that he has no juridical relationship with the interpellant company.
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3.5 That the interpellant company agrees with the juridical exposition made by the Honourable First Court, as to what is a juridical relationship or rather by juridical relationship one necessarily understands the existence of a reportbetween two partiesin virtue of which a creditor has the right to expect from the other, the debtor that he satisfies his obbligation (See Judgement given by this Honourable Court on the 17th January, 2007 in the names Water Services Corporation pro et noe vs Emanuel Grixti).
3.6 That what the applicant company absolutely cannot agree with is that keeping in view this doctrine and of the particular facts of the case, the Honourable First Court could never have reached the conclusion that there was no juridical relationship between the parties ...omissis... The report or juridical relationship between the parties was born with the fact that the defendant went to the Office run by the applicant company in order to be given ‘real estate letting services’. This service is offered by the applicant company and not Joseph Sullivan (nor inhis namenor in the name of any other firm). Joseph Sullivan is a director of the applicant company, but the services mentioned are offered by the interpellant company and not Joseph Sullivan.
3.7 That added to all this there is the other fact that the evidence of the defendant in so far as it upholds that he never heard of the name of the appellant company is evidently not true because the name of the applicant company is found on the draft of the lease agreement which was given to him on the ‘business cards’ of the applicant, and even on the facade of the office run by the applicant company.
3.8 That all this indicates that the respondent defendant is acting in bad faith that by mistake the legal letter which was sent before the present cause was commencedwas not sent in the name of the applicant company but in the name of its Director. Even if in the best hypothesis for the respondent defendant, he truly believed that he was appointing Joseph Sullivan and not the applicant company,this does not mean in legal terms that there exists no juridical relationship between the parties ...omissis...The applicant companyfeels that the respondent defendant is acting in bad faith (and successfully before the Court of First Instance),by the fact that the legal letter of the 27th April, 2013 was sent in the name of the director of the applicant company, and not in the name of the applicant company.
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3.9 That in addition to all this and with the respect due to the Honourable First Court, the judgement given by the Honourable First Court is completelywrongbecause it leads to the completely anomalous situation that a commercial company which rendered a service in this case, the applicant company cannot sue for what it claims to be dueto it because the defendant party alledges that it does not know of the existence of that commercial company.
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3.10.That the Honourable First Court upheld its argument with reference to two judgements cited by it, and namely those in the names Camel Brand Co Ltd vs Michael Debono et and Legend Real Estate Limited vs Ron Chetcuti. Howeverwith all due respect, none of facts of these judgements are similarto the present case ...omissis... and thus the applicant company upholds that none of these judgements applies to the present case. In both instances, the Court noted that ‘invoices’ which had been issued addressed to thedefendants personally, that the defendants had issued their ‘cheques’ personally, and that the existenceof a commercial company was only mentioned in the cause.In this last case, the dispute is not about the person who had to be sued as defendant, but the personwhich proceeded with the cause as plaintiff.
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3.11 That for all these reasons, the applicant company upholds that the Honourable First Court was mistaken when it decided that there was no juridical relationship between the parties, and upheld the relative plea.
4. The Second Grievance. The Honourable First Court was mistaken when it upheld that the evidence given by the defendant respondent, in the sense that he did not know that Joseph Sullivan was operating in the name of the applicant company verges on the truth,and in any case even if this is so, it does not mean that there was not juridical relationship between the parties.
4.1. That the applicant company does not agree also where the Court of First Instance believed the version given by the respondent defendant. It upholds that the respondent defendant could not have known with the existence of the applicant company, as even on the drafts of the lease agreements sent to him by the applicant company there were clearly indicated the words ‘SQL-Selective Quality Letting’, and although there was not indicated that this was a company, the respondent defendant was certainly not saying the truth when he declared that he had not heard of the applicant company.
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4.2 That together with this fact even the ‘business cards’ of Joseph Sullivan show clearly that the words’ SQL-Selective Quality Letting’, as pointed out by the Honourable First Court, these words were also to be found on the facade of the Office of the applicant company.
4.3 That for these reasons, the applicant company upholds that the Honourable First Court was mistaken when it upheldthat the evidence given by the respondent defendant in the sense that he did not know that Joseph Sullivan was operating in the name of the applicant company is truthful.
4.4. That as already pointed out by the applicant, this version is evidently a version of convenience for the respondent defendantin order that he give some substance to the plea of lack of juridical relationship.
4.5 That howevereven if one had for the sake of argument and for the sake of argument alone that the defendant did not know that Joseph Sullivan operates by means of the applicant company, there still remains the fact that simply for this reason there does not exist a juridical relationship. In order that it be establised if such juridical relationship exists, the examination which the Court of First Instance is to make is objective and not subjective.
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4.6 That for these reasons also the preliminary plea regarding the lack of juridical relationship raised by the defendant respondent had to be rejected.
5. The Third Grievance. The judgement given by the Honourable First Court is also contradictory and bad because the Honourable First Court does not doubt for one momentthat the applicant companytruly runs the business merit of the cause, the Honourable Court of First Instance denied it its right of action simply because the defendant allegedthat he did not know that the service demanded was being given the applicant company, and not its director.
5.1 That in the judgement given by it the Court of First Instance never doubted the veracity of the testimony given by Joseph Sullivan,director of the applicant company in the sense that it is the applicant company that renders services of ‘real estate letting services’, and not he personally.
5.2That not only so but the respondent defendant did not contradict in any manner these facts.
5.3 That thus the applicant company managed to provebeyond any doubt the active legitimation and interest in the institution of the present cause ...omissis... Once the applicant company managed to prove the active legitimation in this cause, the Honourable First Court was completelymistaken when it denied the right of action due to it. The Court denied it its right of action simply because the defendant alleged that he did not know that the service demanded was being given by the applicant company and not its director.
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5.4 That when in its judgement the Court of First Instance upheld the plea of lack of juridical relationship, it went against the established and uncontradicted fact that the services demanded by the respondent defendant were not rendered by Joseph Sullivanbut by the applicant company...omissis.... The Court of First Instance could have never upheld the plea of lack of juridical relationship without containing a contradiction in itself.In order to uphold such a plea, it had to be proved that the applicant company was not appointed and not an allegation on the part of the respondent defendant.
6. Conclusion.
6.1. For these reasons, the applicant company whilstreferring to all the proof produced and that producible at this stage prays with respect that this Honourable Court changes and vary the judgement appealed given by the Honourable First Court on the 9th April, 2014 in the names premised as demanded in this application.
6.2 With costs of both instances against the respondent defendant.
Appellant company: Selective Quality Letting Limited, 92, Triq Ġorġ Borg Olivier, St Julians.
Respondent:Oswald Agius, 37, Triq Ġorġ Borg Olivier, St Julians.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals