Court Notices published in Govt. Gazette No. 19,423 of 08 May 2015

By a decree of the 28th April, 2015, given by the First Hall of the Civil Courts, 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 the application filed by Charles Mangion et on the 18th March, 2015, is asking for the withdrawal of the amount of €24,842.59 deposited by the Schedule of Deposits numbers 655/14 and 728/14 in the names of Charles Mangion (ID 692660M) et vs Jonas Galotta (Swedish ID 82172250).

The Court ordered the notification of this application to all interested parties with a ten (10) days for filing a reply.

Marvic Farrugia

For the Registrar of Courts and Civil Tribunals

By means of a decree given on the 23rd April 2015, by the Civil Court (Family Section), in the records of the Sworn Application, in the names Muscat Georgina vs Muscat Jason, application number 75/15 AL, the following publication was ordered for the purpose of service of the respondent Jason Muscat in terms of Article 187 (3) et. seq. of Cap. 12.

By means of a Sworn Application filed in the Civil Court (Family Section), in the names Georgina Muscat (ID 73471M) vs Jason Muscat (ID 404171M), on the 30th March 2015, the applicant Georgina Muscat (ID 73471M) asked this Honourable Court:

To vary the modality and times of access of the children between the parties so that whilst the children shall have as much as possible equal time with the two parents during the weekends and during the summer holidays and feasts, the primary residence of the minors shall be established as that of the mother, and shall fix an adequate amount of maintenance for the minor children.

With costs against the respondent from now summoned so that a reference to his evidence be made.

Applicant: 1, Springfield Court, Triq tal-Gardiel, Marsaskala.

Respondent: 3, Triq ir-Rignu, Marsaskala.

The Sworn Application in the names Muscat Georgina vs Muscat Jason, application number 75/15 AL, has been deferred for hearing to Wednesday 3rd June 2015, at 9.15 a.m.

Adv. Frank Portelli, LLD

For the Registrar Civil Courts and Tribunals

By a decree given by the Civil Court First Hall, on the 28th April, 2015, on the application of Michael Attard Limited (C 32362), Tuesday, 23rd June, 2015, at half past ten in the morning, 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 first floor maisonette with its own airspace named ‘Primrose’, Triq Mons. Innocenz Zammit, Imsida, free and unencumbered, valued at one hundred and seventy five thousand Euro (€175,000).

The said tenement is the property of Vella Albert (ID 200858M).

N.B. The said tenement will be sold as described in the acts of file number 5/12.

Marvic Farrugia

For the Registrar Civil Courts and Tribunals

By a decree given by the Civil Court First Hall, on the 7th April 2015, on the application of Buttigieg Raymond, Thursday, 4th June, 2015, at half past eleven in the morning, has been affixed for the Sale by Auction to be held in the first floor, Courts of Justice, Republic Street, Valletta, of the following property:

The first floor maisonette named ‘Madonna tal-Grazzja’, in Triq Villabate, Ħaż-Żabbar, underlying a maisonette whichhas in common the drainage system. This property is free and unencumbered, with all its rights and appurtenances, valued at one hundred and ten thousand Euro (€110,000).

The said tenement is the property of Buttigieg Pauline née Penza.

N.B. The said tenement will be sold as described in the judicial sales act 74/2014.

Rudolph Marmarà

For the Registrar Civil Courts and Tribunals

By a decree given by the Civil Court First Hall, on the 28th April, 2015, on the application of Banif Bank Malta plc, Tuesday, 23rd June, 2015, at eleven in the morning,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 properties:

The portion of land in an unnamed road which abuts onto Triq San Blas in Nadur, Gozo, having an area of five hundred and ninety metres squared (590 metres squared), bounded on the East by the said Triq San Blas, and on the North by property of Mario and Edwin, brothers Muscat, or their successors in title, free and unencumbered, with all its right and appurtenances, valued at three hundred and fifty thousand Euro (€350,000).

The portion of land forming part of the lands named “Ta’ Wied Binġemma”, in the limits of Nadur, Gozo, having an area of ten thousand and six hundred metres squared (10,600 metres squared), bounded on the West East by an unnamed road, on the South and on the North West by property of Mario and Edwin, brothers Muscat, or their successors in title, or more accurate boundaries, free and unencumbered, with all its rights and appurtenances, valued at one hundred and thirty five thousand Euro (€135,000).

The portion of land forming part of the lands named “Ta’ Wied Binġemma”, in the limits of Nadur, Gozo, having an area of seven thousand eight hundred and fifty metres squared (7,850 metres squared), bounded on the East by property of Mario and Edwin, brothers Muscat, or their successors in title, on the South by a passageway, and on the East by another passageway, or more accurate boundaries, free and unencumbered, with all its rights and appurtenances, valued at sixty five thousand Euro (€65,000).

The said tenements are the property of Muscat Peter Paul(ID 60545G) and Muscat Valerie (ID 377909L).

N.B. The said tenements will be sold as described in the acts of file number 24/14.

Rudolph Marmarà

For the Registrar Civil Courts and Tribunals

By a decree given by the Civil Court First Hall, on the 24th April, 2015, on the application of Bank of Valletta plc (C 2833), Tuesday, 16th June, 2015, at eleven in the morning, 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 apartment internally numbered five (5), in the first floor, forming part of a block of apartments numbered forty five (45), named “Arca”, in Triq is-Sibbien, Marsascala, as well as a room numbered five (5), used as a washroom in the same block, and including part of the roof, also numbered five (5) in the said block, which tenement is subject to the annual and perpetual groundrent of eleven Euro and sixty five cents (€11.65), and valued at sixty thousand Euro (€60,000).

The said tenement is the property of Magri Mario (ID 243365M).

N.B. The said tenement will be sold as described in the acts of file number 32/12.

Marvic Farrugia

For the Registrar Civil Courts and Tribunals

By a decree of the Small Claims Tribunal, of the 12th January 2015, 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).

Galea Insurance Brokers Ltd (C 12858), of 22-24, Capuchins Street, Floriana FRN 1053, filed a Claim, on the 16th December 2014, whereby they asked the Tribunal to condemn Joseph Sammut (ID 136968M), of 34, St Joseph, Flat 2, Triq Ramon Perellos, Saint Paul’s Bay, to pay the plaintiff company the sum of €1,102.92 which amount is due to the plaintiff company.

With costs and legal interests.

The case (Claim Number 799/14VG) is deferred for the 13th May 2015 at 1.00 p.m.

Alexandra Debattista

For the Registrar Civil Courts and Tribunals

Republic of Malta

To The Marshall of the Court

By means of a decree by this Court, on the 14th April 2015, following a request of Adv. Dr Michael Cuschieri noe, it was ordered that Deputy Curators be chosen to represent the foreign company Azure Resorts Limited, in the records of the judicial letter number 1318/2015, in the names Adv. Dr Michael Cuschieri noe vs Deputy Curators, and in the relative and subsequent acts.

By means of a Judicial Letter filed in the First Hall Civil Court, against Deputy Curators to represent the foreign company Azure Resorts Limited, with registration number 535716, of Omar Hodge Building, Wickham’s Cay Road Town, Tortola, British Virgin Islands, on the 13th April 2015, Advocate Dr Michael Cuschieri, as special mandatory of the absent Brian William Prowse (English Passport Number 455511545), and his wife Christine Prowse (English Passport Number 455508731), of 4, Barn Way, Markfield, Leics LE 67 9QR UK, 11545, refers you to the agreement made between you and the interpellant of the 15th July 2009, in terms of which, the interpellants acquired in view of their participation in the ‘Golden Sands Island Residence Club’, the exclusive right of accommodation for a period of a week each year till the year 2045, in the premises with ‘Unit 1514’, which is situated in ‘Block A’ in the complex known as ‘Radisson SAS Golden Sands Resort & Spa’ under the pacts and conditions included in the said agreement.

Whereas the interpellants in satisfaction of their obligations under the said agreement paid to you the following sums:

...........omissis...........

That in view of the fact that the said agreement was concluded on the fifteenth (15th) of July 2009, and in view of the nature of the terms and of the subject of the same agreement, there apply the provisions of Legal Notice number 269 of the year 2000 (Regulation 2000 regarding the Protection of Buyers in a Time Sharing Contract of Immovable Property).

...........omissis...........

That in terms of regulation number 7.4 of the said Legal Notice:

7.4 ‘In each contract there should be a clause in the form stipulated in the Second Schedule which is attached to these regulations’.

...........omissis...........

The clause to which there refers the above regulation reads:

...........omissis...........

That the clause above mentioned was not reproduced in the said agreement between you and the interpellant in clear violation of regulation number 7.4.

...........omissis...........

That furthermore, the said agreement is null and should be rescinded since the consent of the interpellant was vitiated by deceit as a result of the means and deceitful acts practiced by you.

Thus in view of the premised, the interpellants nomine call upon you so that within seven (7) days you pay the said sum of fourteen thousand two hundred eighty six sterling and twenty one cents (£14.286.21), equivalent to eighteen thousand one hundred ninety four Euro and thirty six cents (€18,194.36).

In default of doing this payment, further Court action shall be taken against you according to law without another prior notice.

So much so that you may know how to proceed and regulate yourself.

With interest and with costs.

Interpellant: 4, Barn Way, Markfield, Leics, LE 67 9QR UK.

Notify: Deputy Curators to represent the foreign company Azure Resorts Limited, registration number 535716, of Omar Hodge Building, Wickham’s Cay Road Town, Tortola, British Virgin Islands.

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 Mark Chetcuti, LLD, Doctor of Laws.

Adv. Frank Portelli, LLD

For the Registrar Civil Courts and Tribunals

By a decree of the 10th March, 2015, 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 (5) of the Code of Organisation and Civil Procedure (Cap. 12).

By the application filed in the Civil Court First Hall, on the 25th February, 2015, from HSBC Bank Malta plc in the acts of file number 101/13 in the names HSBC Bank Malta plc vs Small Properties Limited, respectfully submitted that:

That the Bank has began procedures for a judicial sale of a property in Għajnsielem, Gozo, composed of different plots as described in the application of the Bank on 10th December 2013 in the names mentioned above.

By a note of the 27th February 2014, the Bank has surrendered a part of this sale with regards to plot marked number ten (10), that is a part of land marked number ten (10), forming part of a field named“Ta’ San Ġwann”, limits ofGħajnsielem, Gozo, that has a superficial area ofcirca one hundred and sixty two point forty three metres squared (162.43 metres squared), bordering from the West with a projected street, from the North and from the South with property of Mariella Mercieca, including an undivided share of 1/37 from a land projected to become a street and marked inblue, which undivided share is ofcirca 733 metres squared, an undivided share of 1/37 from a land projected to become a street, and as described in the application of the Bank of the 10th December 2013 as portion (c).

The ArchitectEdward Bencini, the expert appointed by the Courts acceded and made a valuation of the property in his report of the 17th of February 2014 and an additional report of the 2nd April 2014 sworn by him.

The Bank surrendered the sale only in the case of plot number 10 as described before, and this has been done because the Bank had difficulties in the description of the land because buildings has been erected on the said land. A note has been presented until a better description of the property is made.Architect Edward Bencini in his report has made reference of a building a garage in first floor level and a stairwell to the roof and it seems that some courses has been built under street level. The architect has also described the permit approved by the MEPA which referred to the building of a domestic store.

The Bank asks that in the description is made clear, if a basement exists under the garage which is under street level so that the property can be sold with a precise description.

The Bank asks to withdraw the note of27th February2014 that plot 10 forming part of a field known as “Ta’ San Ġwann”, limits ofGħajnsielem, Gozo, and after the report of Architect Bencini the sale could be done.

Therefore, the applicant asks the Honourable Court: (a) authorise the Bank to withdraw the note of 27th February 2014, (b) order the architect Edward Bencini to make an additional report and revise the description given by him in the report of 17th February 2014 and 2nd April 2014, (c) give a decree after the amendments in the description of the architect are made that the judicial sale can proceed on all the properties described in the application of the 10th December 2013, (d) fix day, time and place of sale of the mentioned plots numbered 3, 4, 10, 12, 27 and 28 together with the undivided shares of projected roads as described in the first application and this under, and that under those provisions that this Honourable Court deems fit and opportune.

The Court

Has seen the application and ordered the notification to the counterpart or his lawyer with the right to reply within ten days.

Rudolph Marmarà

Deputy Registrar

By a decree given by the Civil Court First Hall, on the 21st April 2015, on the application of Bugeja Carmelo, Thursday, 11th June, 2015, at half past eleven in the morning, for the Sale by Auction to be held on the first floor, Courts of Justice, Republic Street, Valletta, of the following property:

The rooms numbered two (2),three (3) and four (4),in a common and private yard with an entrance numbered nine (9), in Triq it-Tramuntana, Birgu, valued at twelve thousand Euro (€12,000).

The said tenement is the property of the heirs (absent) not known of Saviour Gauci, the unknown heirs (absent) of Maria married surname not known maiden Gauci, and the unknown heirs of Antonia Pisani maiden Gauci and Deputy Curators to represent the other co-owners possible not known, if they exist, by a decree dated 6th March, 2013, where nominated as Deputy Curators Dr Renzo Porsella Flores and Legal Procurator Doreen Aquilina, and by a decree dated 24th July, 2013, Legal Procurator Lilian Buhagiar was nominated instead of Legal Procurator Doreen Aquilina.

N.B. The said tenement will be sold as described in the judicial sales act 79/14.

Rudolph Marmarà

For the Registrar Civil Courts and Tribunals

By a decree given on the 22nd April, 2015, 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 16th February, 2015, on the application of HSBC Bank Malta plc, Thursday, 14th May, 2015, at half past ten in the morning, for the Sale by Auction to be held on the first floor, Courts of Justice, Republic Street, Valletta, of the following property:

The property numbered thirty nine (39), in Triq il- Qawnara, corner with Triq il-Ħut, Marsaskala, and overlying airspace, free and unencumbered, with all its rights and appurtenances, valued one million and two hundred thousand Euro (€1,200,000).

The garage numbered sixty (60), in Triq il-Ħut, Marsaskala, and overlying airspace, free and unencumbered, with all its rights and appurtenances, valued at one hundred thirty thousand Euro (€130,000).

The said tenement is the property of Mizzi Joan.

N.B. The said tenement will be sold as described in the judicial sales act 7/2014.

Rudolph Marmarà

For the Registrar Civil Courts and Tribunals

By means of a decree given by the First Hall Civil Court, on the 27th April, 2015, in the records of the Precautionary Garnishee Order number 1788/14, in the names More Supermarkets (Ħamrun) Limited (C 57252), More Supermarkets (Mosta) Limited, More Supermarkets (Fgura) Limited, More Supermarkets (P’ Ville) Limited (C 61504), D More Holdings Limited vs Edmond Mugliette (ID 661762M), Ryan Schembri (ID 450878M), Adrian Agius (ID 328078M), Cassar & Schembri (Marketing) Limited (C 33174), on the 16th February 2015, the applicant Edmond Mugliette (ID 661762M) respectfully pleaded:

1. That by means of a judgement given by the Honourable Court, on the fifth (5th) of February, two thousand and fifteen (2015), in the names premised, this Honourable Court rejected the applicant’s demand for the revocation of the Precautionary Garnishee Order Number 1788/14, issued on the eleventh (11th) of November, two thousand and fourteen (2014), for the reasons indicated in the same judgement.

2. That the applicant has already asked during the sitting that at least there should be deposited a guarantee on the applicant’s part for the same precautionary warrant.

3. That the applicant continues to uphold that he has an executive title which he is trying to execute, and the cause in order that the contract of constitution of debt be attacked and the application in the names premised were made only so that the debtors do not honour the obligations assumed by them and so that instead of being paid for the amount due, the applicant shall suffer additional damages as he cannot even operate his Bank accounts.

4. That these facts shall be proved during the cause, and the Court shall have the opportunity to confirm all this from the proof that shall be brought forward by the plaintiffs themselves.

5. That in virtue of this application, the applicant is asking this Honourable Court to order that the opportune deposit be made within the time given by this Honourable Court in terms of Article 838A of Cap. 12 of the Laws of Malta, since the applicant feels that there is a just cause for the issuing of the said guarantee in view of the circumstances of the case.

Thus, the applicant in terms of the same article above indicated asks this Honourable Court to order the deposit of the said guarantee, and in default that this warrant be removed if such guarantee is not deposited.

Service: 1. More Supermarkets Ltd et, 88, 89, The Strand, Sliema.

2. More Supermarkets Ltd et, Falling Waters, Wignacourt Street, Birkirkara.

Adv. Frank Portelli, LLD

For the Registrar Civil Courts and Tribunals