Court Notices published in Govt. Gazette No. 19,441 of 16 June 2015

By a decree given by the CIVIL COURT, FIRST HALL on 3rd June, 2015, on the application of MALTA TOWAGE LIMITED, Wednesday, 22nd July, 2015 at noon (12.00 p.m.), has been fixed for the SALE BY AUCTION, to be held in a HALL OF THESE COURTS OF JUSTICE, REPUBLIC STREET, VALLETTA, of the following items seized from the property of MV IRMAK.

MV IRMAK registered in Zanzibar, Tanzanija, with the number IMO 7514490, overall length 74.81 metres, depth 6.01 metres and breath 10.60 metres.

N.B. The said boat will be sold as described in the acts of file number 26/15.

Marvic Farrugia

For the Registrar of Civil Courts and Tribunals

By means of a decree given by the First Hall Civil Court, on the 1st June 2015, in the records of the Application in the names Commissioner of Revenue was Director General (Inland Revenue) vs Sampsa Pellervo Nuotio, Application number 137/15 LM, 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 an Application filed in the First Hall Civil Court, in the names Commissioner of Revenue was Director General (Inland Revenue) vs Sampsa Pellervo Nuotio, filed on the 13th February 2015, the applicant Director General (Inland Revenue) respectfully pleaded:

That Council Directive No. 2010/24/EU, namely the Mutual Assistance for the Recovery of Claims relating to Taxes, Duties and Other Measures Order of the 16th March 2010, promotes and regulates collaboration between Member States in respect of recovery of tax and/or duties owed by debtors of one Member State who are present in another Member State’s territory and other measures.

That the Directive has been implemented in the Laws of Malta by virtue of the said Order transposed in Legal Notice 153 of 2012, which Order has come into force on the 1st January 2012, and permits the Minister responsible of Finance, otherwise the competent authority, to collect the tax owed in the name of other Member States where the debtor is present in Malta.

That in terms of the mentioned Directive, the competent authority of Finland, otherwise the applicant authority has made a claim for assistance to the applicant Director General (Inland Revenue), acting on behalf of the Minister responsible of Finance, so that the applicant recovers tax that is owed to the applicant authority.

That the respondent owes tax to the applicant authority of Finland, in the amount of thirteen thousand one hundred and forty seven Euro and fifty six cents (€13,147.56), as results from the Uniform Enforcement Instruments here attached and marked as Doc. ‘A’ together with interest due by law.

That the respondent has been indicated as being present in Malta, and thus the applicant is hereby proceeding to collect the mentioned amount since the same debt is deemed to be considered as being owed to the applicant Government of Malta in terms of Article 9 of the mentioned Legal Notice.

That the applicant is satisfied that the requisites imposed by the mentioned Directive have been met with respect to this claim for recovery.

That furthermore, the respondent has a right to a translation of Doc. ‘A’ into any of the official languages of the European Union or of the requested Member State, if available.A document is being hereby attached and marked as Doc. ‘B’to inform the respondent that he may request the mentioned translation within seven (7) days of service of Doc. ‘A’.

Thus and in view of the above, the applicant respectfully requests that in accordance to sub-articles 9(6) and (7) of the mentioned Legal Notice, this Honourable Court in the first instance orders a copy of this application together with the documents hereby attached and marked as Doc.’A’ and Doc. ‘B’to be served upon the respondent according to Cap. 12 of the Laws of Malta, and in the second instance to order the registration of the same Doc. ‘A’ as official copy, so that said such document constitutes an executive title.

Document List.

Doc. ‘A’. ‘Uniform Enforcement Instrument’ transmitted to the requested authority by the applicant authority of Finland.

Doc. ‘B’. Document that informs the respondent of his right to request a Translation of Doc.‘A’.

Applicant: Commissioner for Revenue, Inland Revenue, Floriana FRN 0170.

Respondent: ‘Gardens’, Block B, Apartment B12, Luqa Briffa Street, Gżira GZR 1503.

The Application in the names Commissioner of Revenue was Director General (Inland Revenue) vs Sampsa Pellervo Nuotio, application number 137/15 LM, has been deferred for hearing to the 22nd June 2015, at 9.00 a.m.

ADV. FRANK PORTELLI, LLD

For the Registrar Civil Courts and Tribunals

By means of a decree given, on the 5th June 2015, by the Rent Regulation Board, in the records of the Application in the names Ta’ Natu Limited vs MZ Supermarket Mosta Limited, application number 35/15 GG, the following publication was ordered for the purpose of service of the defendant MZ Supermarket Mosta Limited, in terms of Article 187(3) et seq. of Cap. 12.

By nmeans of an Application, filed, in the Rent Regulation Board, in the names Ta’ Natu Limited (C 8167) vs MZ Supermarkets Mosta Limited (C 67212) on the 7th April 2015, the applicant Ta’ Natu Limited (C 8167) asked this Honourable Board;

1. To decide this cause without proceeding to a hearing for the purposes of Article 16 A of Cap. 69 of the Laws of Malta, order the eviction of the respondent company from the premises merit of the lease dated 16th December 2014 and uphold the other demands in the application, amongst which the payment of rent, Vat and electricity and water consumption.

Service: a)..............omissis...............

b) MZ Supermarket Mosta Limited, ‘Savoy Terrace’ Sir Hildebrand, Oakes Street, Gżira GZR 1515.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals.

By a decree of the 11th May, 2015 given by the Magistrate Civil Courts (Malta), ordered that the extract hereunder mentioned be published for the purpose of service according to article 187(5) of the Code of Organization and Civil Procedure (Cap. 12).

That by the application filed by Engineria Limited (C 39121) on 11th March, 2015 is asking for the withdrawal of the amount of €1,308.02 deposited by the Schedule of Deposit number 324/15 in the names of:

Engineria Limited (C 39121) vs 3D Pionéer Systems Limited (C 64336)

The Court ordered the notification of this application with four (4) days for filing a reply.

MARVIC FARRUGIA

For Registrar of Courts and Civil Tribunals

By means of a decree given by the First Hall Civil Court, on the 11th May 2015, in the records of the Sworn Spplication in the names Vella Emanuel et vs Docklands Limited et, application number 313/15 LM, the following publication was ordered for the purpose of service of the defendant companies, 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 Emanuel vella (ID 23958M) and his wife Rita Vella (ID 398962M) vs Docklands Limited (Reg No. C 42813) and Victoria Park Limited (Reg No C 46014), on the 7th April 2015, the applicant Emanuel Vella (ID 23958M) and his wife Rita Vella (ID 398962M) asked this Honourable Court;

1. In the first place to declare that the plaintiff carried out various works and services in the interest of the defendant companies or either of whom, declare that the plaintiff is to be compensated and paid for such works rendered to the defendants and uphold the other demands in the application.

With costs as demanded and saving any other action due to applicants against defendants summoned so that a reference to their evidence be made.

Defendants: 1. Docklands Limited, 18, Drive 41, Triq Thomas Galea, Ta’ Paris, Birkirkara.

2. Victoria Park Limited, 18, Drive 41, Triq Thomas Galea, Ta’ Paris, Birkirkara.

The Sworn Application in the names Vella Emanuel et vs Docklands Limited et, application number 313/15 LM, has been deferred for hearing to the 19th June 2015 at 9.00 a.m.

ADV. FRANK PORTELLI, LLD.

For the Registrar Civil Courts and Tribunals

By means of a decree given, by the First Hall Civil Court, in the Bankruptcy Procedures of Jonathan Pace, on the 11th June 2015, Application number 585/2013 JZM, the following publication was ordered in terms of Article 515 (1) of Cap. 13 of the Laws of Malta.

Application Number 585/2013 JZM.

Decree given in the Bankruptcy Proceedings of Jonathan Pace.

The Court:

The decree given today is one of examination of claims of Jonathan Pace according to Art 514 of Cap. 13.

In accordance with Article 510 to Art 513 of Cap. 13 this Court, following a series of hearings before this day, heard the proof regarding the claims vaunted against the bankrupt. Heard under oath some of the creditors. Having recieved admissions of the claims on the part of the curator of the bankruptcy and in case of some of the creditors, new documents substantiating the claims were brought to its attention.

This premised, the Court is declaring as proved the following credits for the reasons which shall briefly result.

List of Creditors.

Orders that in terms of Art 515(1) of Cap. 13, this decree be deposited in the Registry of this Court.

Orders the Registrar to give notice of the deposit of this decree in the Registry to each one of the creditors above referred to.

Orders the curator of the bankruptcy to abide himself with Art 516 of Cap. 13.

Puts off the proceedings to the sitting of Monday 22nd June 2015 at 11.00 a.m.

All the Creditors whose claims have been admitted are to appear for this stting which is to be considered as the meeting envisaged by Art. 517 of Cap. 13.

Sgd. Hon Judge Joseph Zammit Mckeon.

The Application above mentioned Procedures of Bankruptcy of Jonathan Pace, Application 585/2013 JZM, has been deferred for hearing Monday, 22nd June 2015 at 11.00 a.m.

ADV. FRANK PORTELLI, LLD

For the Reġistrar, Civil Courts and Tribunals

IT IS BEING NOTIFIED that by a decree dated 3rd June 2015 given by the Court of Criminal Appeal (Judge Dr David Scicluna LLD) following an application filed by Emanuel Bajada on the 6th May 2015 after judgement given from the Court of Magistrates (Malta) as a Court of Criminal Judicature on the 20th July, 2010 in the case:

The Police

(Superintendent Alexandra Mamo)

(Inspector Raymond Aquilina)

(Inspector Louise Calleja)

Versus:

EMANUEL BAJADA, 61 years, son of Carmel and Carmen née Zammit, born in Pietà Malta on the 26th December 1953, residing at Garden of Eden, Bidnija Road, Imġarr Malta and/or Adam’s Guesthouse, Ross Street, St. Julian’s Malta and holder of Maltese Identity card bearing number 70054(M); and

VICTOR PHILIP BAJADA

AUTHORISED the accused Emanuel Bajada to withdraw the money deposited in the Current Account Number 40022690597 with Bank of Valletta which amount should not exceed the sum of thirteen thousand nine hundred seventy six Euro and twenty four cents (€13, 976.24).

The publication of this order is being published in terms of Sections 5(2)(a), against Money Laundering, Cap. 373 of the Laws of Malta, following another publication published on the 6th June, 2008 after a decree dated 28th May, 2008 given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry, following another publication published on the 01st June, 2007 after a decree dated 22nd August, 2006 given by the same Court and following another publication published on the 17th June, 2005 after a decree dated 10th June, 2005 given by the same Court 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 Emanuel Bajada and Victor Philip Bajada.

MARVIC PSAILA

Deputy Registrar

Criminal Courts and Criminal Tribunals

IT IS BEING NOTIFIED that by a decree dated 9th May, 2015 given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry – (Magistrate Dr Miriam Hayman LLD) Compilation number 415/2015 in the case:

The Police

(Inspector Pierre Grech)

(Inspector Jonathan Cassar)

Versus

TODD ROBERT HENDERSON-DRAKE, 23 years, Chef, son of Rob Henderson and Diana Drake, born in Manchester United Kingdom on the 1st July 1991, residing at ‘Andrew’, Cullingham Street, Qawra Malta and holder of Maltese Identity Card bearing number 64945A.

ORDERED the attachment in the hands of third parties in general all monies and other movable property due or pertaining or belonging to TODD ROBERT HENDERSON-DRAKE and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property and this according to Section 22A of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta and of Section 23A of the Criminal Code, Cap. 9 of the Laws of Malta.

This publication is being made following the publication dated 15th May 2015 where the person mentioned was erroneously referred to as Todd Robert Hederson Drake.

MARVIC PSAILA

Deputy Registrar

Criminal Courts and Criminal Tribunals (Malta)

IT IS BEING NOTIFIED that by a decree dated 03rd June, 2015 given by the Criminal Court (Justice Dr David Scicluna LLD) after an application by James Zammit on the 2nd June 2015, Compilation number 667/2013 in the case:

The Police

(Inspector Ian Joseph Abdilla)

(Inspector Anna Marie Micallef)

(Inspector Yvonne Farrugia)

Versus:

ANTHONY CREMONA;

MICHAEL BORG;

PAUL ANTHONY PISANI;

SHANNON CAUCHI;

AND

ROBERT AGIUS, 29 years, taxi-driver, son of Raymond and Paola née Zammit, born in Pietà Malta on the 29th of October 1983, residing at Olive Court, Block B, Penthouse Number 11, Baħħara Street, St. Paul’s Bay Malta and holder of Identity Card bearing number 569383M;

AUTHORISED James Zammit (535884M) in the name and in representation of JMC Property Limited (C-52422) to acquire the undivided portion of land in Zebbug Malta, known as ‘Tal-Għarbi’ or ‘Tal-Qenċ’ in Sqaq in-Nixxief, property of the accused Robert Agius and consequently the transfer of the same land by the accused Robert Agius.

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 21st March, 2014 after a decree given on the 18th March, 2014 given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry, following another publication made on the 24th January, 2014 after a decree given on the 17th January, 2014 given by the same Court and following another publication made on the 30th July, 2013 after a decree dated 23rd July 2013 given by the same Court 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 Robert Agius and the other accused.

MARVIC PSAILA

Deputy Registrar

Criminal Courts and Criminal Tribunals

By a decree of the Small Claims Tribunal, of the 5th March 2015, 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).

Tecnav Limited (C46931) of Flat 14, Marina Court, Abate Rigord Street, Ta’ Xbiex, XBX 1120, filed a Claim, on the 19th December 2014, whereby they asked the Tribunal to condemn Network Publications Limited (C 21054) of Level 2, Angelica Court, Giuseppe Calì Street, Ta’ Xbiex,to pay the plaintiff company the sum of €3,005 which amount is due to the plaintiff company.

With costs and legal interests.

The case (Claim Number 803/14YMS) is deferred for the 30th June 2015 at 12.30 p.m.

Alexandra Debattista

For the Registrar Civil Courts and Tribunals

By a decree of the Court of Magistrates (Malta) of the 6th May 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).

Bank of Valletta p.l.c (C2833) of 1/5 Misraħ San Ġorg, Valletta, VLT 1190 filed a Claim on the 9th January 2015, whereby they asked the Court to condemn Stefan Caruana (ID 339985M) of 64, Triq il-Gandoffla, Birżebbuġa, to pay the plaintiff company the sum of €3,733.90 which amount is due to the plaintiff company.

With costs and interests.

The case (Notice Number 7/15FDP) is deferred for the 9th July 2015 at 9.00 a.m.

Alexandra Debattista

For the Registrar Civil Courts and Tribunals

By a decree of the Court of Magistrates (Malta) of the 14th May 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).

Bank of Valletta plc (C2833) of 1/5 Misraħ San Ġorġ, Valletta, VLT 1190 filed a Claim on the 12th January 2015, whereby they asked the Court to condemn Joseph Agius (ID 556475M) of Flat 10, Block H, Triq Jean Houel, San Ġiljan, to pay the plaintiff company the sum of €5,639.18 which amount is due to the plaintiff company.

With costs and interests.

The case (Notice Number 10/15CSH) is deferred to the 8th July 2015 at 9.00 a.m.

Alexandra Debattista

For the Registrar Civil Courts and Tribunals

By a decree of the Court of Magistrates (Malta) of the 13th April 2015, the publication of the following extract was ordered for the purpose of service of the defendant Andrew Vasuani in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).

By means of an application filed on the 30th July 2014 in the names Go plc versus Andrew Vasuani (ID 166071M), whereby they respectfully pleaded and Legal Procurator Noel Scerri duly authorised solemnly declare on oath that:

The case in the names Maltacom plc against Andrew Vasuani (Notice Number 47/05JAB) decided by this Court on the 12th December 2005, in the same case the defendant was condemned by the applicant company to pay the sum of Lm2,733.70 equivalent to €6,367.81 in connection with several telephone services.

The plaintiff company previously known as Maltacom plc changed its name to Go plc, and at the same time kept the same existent juridical personality because the number of registration at the Registrar of companies is the same, that is C22334.

From the amount due, the defendant did not pay anything and so the amount due at the moment is that above mentioned, besides €698.81 as costs and professional fees according to the annexed tax marked Document A and also legal interest from the day of the judgement.

As from the date of judgement more than five (5) years passed and the plaintiff company has the interest to proceed with the opportune warrants to collect the amounts due to her.

Thus, whilst making reference to article 258 et sequitur of the Code of Organisation and Civil Procedure (Cap. 12) of the Laws of Malta pleads with respect that this Honourable Court authorised it to proceed with the opportune warrants to execute the judgement in names indicated.

Applicant: Go plc (C 22334), Triq Fra Diego, Marsa.

Service: Andrew Vasuani, 85, Triq San Franġisk, Floriana.

In the Court of Magistrates (Malta)

Magisrate: Dr Marseann Farrugia, LLD

Notice Number 257/14MF

Go plc vs Andrew Vasuani

The Court

Saw the application of Go plc of the 30th July 2014.

Orders the service to the defendant who has twenty (20) days for a reply from the day of notification and appoints the application for hearing for the sitting of the 14th January 2015 at 12.30 p.m. for all the evidence of the parties. The case is postponed to the 14th July 2015 at 12.30 p.m.

Alexandra Debattista

For the Registrar Civil Courts and Tribunals

By a decree given by the CIVIL COURT, FIRST HALL on 11th June, 2015, on the application of CASSARCAMILLERI MARKETING SALES, Monday, 27th July, 2015 at half past nine in the morning (9.30 a.m.), has been fixed for the SALE BY AUCTION, to be held at 149, TRIQ ID-DEJQA, IL-BELT VALLETTA, of the following items seized from the property of BAJADA CLAUDIO (ID 420279M).

White Sofa, two CD’s of the make Samsung, DVD of the make Panasonic, LCD of the make Samsung, Synthesises of the make Yamaha and heater.

N.B. The said objects will be sold as described in the acts of file number 24/15.

Marvic Farrugia

For the Registrar of Civil Courts and Tribunals

By a decree given on the 9th October, 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 14th May, 2015 on the application of BRIAN CUTAJAR NOE, Wednesday, 5th August, 2015 at noon (12.00 p.m.), has been fixed for the Sale by Auction, to be held in the first floor of these Law Courts, Republic Street, Valletta of the following items, as decreed on 23rd October, 2013, seized from the property of SALVATORE SIVE SALVU CUTAJAR.

One hundred (100) ordinary shares within the company S.C. & Company Limited (C 6050).

N.B. The said objects will be sold as described in the acts of the file number 32/11.

Marvic Farrugia

For the Registrar Civil Courts and Tribunals

By means of a decree given on the 6th May 2015, by the Court of Appeal, in the records of the Appeal Application, in the names Mirage Holdings Ltd vs Greta Apap Bologna noe et, 168/13 FDP, the following publication was ordered for the purpose of service of the respondent Adrian Camilleri 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 Mirage Holdings Ltd (6808) vs Greta Apap Bologna, carrying on trade as Greta Design and Adrian Camilleri, on the 20th April 2015, the applicant Mirage Holdings Ltd (C 6808) respectfully pleaded:

That by means of an application filed before the Magistrates’ Court of Malta, on the 12th June 2013, the appellant company asked that the defendants be condemned in solidum to pay the global amount of (€10,418.26) price of merchandise sold to them with costs and further interest till the date of effective payment against the respondents who in solidum remain summoned so that a reference to their evidence be made.

Thay the defendant Adrian Camilleri in his reply filed, on the 12th July 2013, pleaded that the applicant’s demands are to be rejcected with costs as the claims of the applicant company are unfounded as the merchandise sold was not of the quality and condition agreed.

That the defendant Greta Apap Bologna carrying on trade as Greta Design in her reply filed on the 14th August 2014, pleaded that she is not the right defendant as she always acted in the name of Adrian Camilleri.

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

That in virtue of a judgement of the 9th April 2015, the Magistrates’ Court of Malta, in the names premised upheld the preliminary pleas of Greta Apap Bologna carrying on trade as Greta Design that she is not the right defendant, and this with costs against the appellant company.

That the appellant company felt aggrieved by this judgement and is directly filing this humble appeal therefrom before this Honourable Court in terms of Article 231(2) of Cap. 12, since this judgement in regard to Greta Apap Bologna as carrying on trade as Greta Design is not a preliminary one, but a definitive one.

That the facts are these, the defendant Greta Apap Bologna, carries on the business of an interior designer under the name Greta Design. The defendant Adrian Camilleri, was her client and before he came from Australia he engaged her to design his flat 51/5 Pretty Bay, Birżebbuġa, amongst which the kitchen of the same apartment.

Before this business was carried out Greta Apap Bologna had previously done business with the defendant company, to supply her clients with merchandise and an account had already been opened with the company which bears the account Code Gret 01 which was opened on the 17th March 2009. On that date she purchased a hob of the firm Bompani and a freezer of the firm Indesit which were delivered to her client Priscilla Cassar. As results from the document ASN 49 to ASN 54 which are exhibited in the proceedings the documents relative to this sale were all issued in the name Greta Design and the payment was made by a certain D. Trapani Galea Ferriol who is someone who is related to Greta Apap Bologna.

I come now to the business merit of this lawsuit. It results that Greta Apap bologna went to the company’s showroom and asked the company salesman Alex Caruana for a quotation for kitchen appliances. He issued a quotation in the name ‘The Customer’ ...omissis... On that same day she went to the showroom and spoke also to Adrian Stagno Navarro who is a Manager and she asked her for the specifications and he sent them to her by internet on the 16th April 2012.

On the 13th June 2012, the assistant of Greta Apap Bologna whose name is Erica Muscat, asked by means of email on which there was from the letterhead of Greta Apap Bologna to the sales Department a request for a quotation for two kitchen sinks for their client Adrian Camilleri.

On the 22nd June 2012, Erica Muscat wrote by means of email ASN 19 to Adrian Stagno Navarro in order that he send her a sales order both for these two sinks and kitchen appliances. In this email Greta asked Adrian Stagno Navarro whether it is possible to confirm the order by signing for it before the deposit is paid and then she pays when she receives the money in the client’s account from the client Adrian Camilleri who was still in Australia.

On the 25th June 2012, by means of email Doc ASN 21 with the letterhead of Greta Design, Eric Muscat asked Adrian Stagno Navarro to send her a confirmation order for Appliances and the sinks or that he tells her the total of the deposit which Greta had to pay. One is to note that Erica Muscat in this email did not ask that the confirmation order (which in business is known as sale order) be issued in the name of her client Adrian Camilleri but that it be sent to her.

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

Following these sale orders which were issued in the name of Greta Design invoices were issued which have the number 214399 for appliances which is at fol. 89 of the proceedings and invoice with number 214644 for televisions which is at fol. 94 of the proceedings. The invoices were issued in the name of Greta Design and were accepted by Greta.

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

That the grievance is clear and manifest and consists in the following:

That the Court of First Instance did not take into consideration the best proof and namely all the commercial documents relative to the sale of the merchandise in question. These are the sale orders, the invoices, the delivery notes, the payment by cheque, the receipt. These documents show without any doubt that the sale was made between Mirage Holdings Ltd and Greta Apap Bologna carrying on trade as Greta Design.

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

The only correction which was asked to be made in the commercial documents by Greta Design are the email of the 25th June 2012, in virtue of which Erica Muscat asked Adrian Stagno Navarro to change only the attention name which she wanted to be changed from Dorothy Trapani Galea on to the name of Greta or on to the name of Adrian Camilleri.

That all the transactions merit of this lawsuit were are recordered in the account of Greta Design GRET01.

That as results from the proof Greta did not give any power of attorney to the applicant company to show that she is acting on behalf of Adrian Camilleri and in virtue of this power of attorney she can open an account in the name of Adrian Camilleri. Adrian Camilleri testified that he had not sent her a power of attorney to act in his name ...omissis... All that the applicant company knew was that Greta Apap Bologna had a client Adrian Camilleri which she wanted to supply with appliances and televisions for his flat which he had been engaged by him to design.

That Greta Apap Bologna presented an affidavit and together with it she attached document GAB 2 which is the same sale order which Adrian Stagno Navarro had sent by emails.

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

The appellant company submits also that the signature of Greta Apap Bologna obo Adrian Camilleri on the document GAB 2 was made many months after the business was carried out. This because as results from the affidavit of Greta Apap Bologna, at paragraph 12, on the 29th January 2013, more than six months after the merchandise was delivered a meeting was made at the office of the applicant company with the purpose that Mirage change the statements and the purchase order so that this indicates Adrian Camilleri as the client.

The appellant company without prejudice to the above wishes to submit that the sale order of the television Doc. ASN 46 as marked by the applicant company and Doc. GAB 2 as marked by Greta Apap Bologna was issued in the name of Greta Design.

That the Court of First Instance reached the conclusion that the business was carried out between Mirage Co Ltd and Adrian Camilleri because it resulted that she corresponded directly with the respondent Adrian Camilleri and it was only after he had not paid that she turned on to Greta Apap Bologna. The appellant company rebuts this argument because it is contradicted by that stated by Greta Apap Bologna in her statement and namely in the meeting of the 29th January 2013, she asked so that the statements are no longer issued on her name but are turned on to the name of her client Adrian Camilleri ...omissis... The appellant company always held that the business had been made with Greta Design and not with Adrian Camilleri.

As regards this plea there also testified the other respondent Adrian Camilleri.

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

From the complexity of the evidence and documents exhibited it appears most clearly that the business was carried out between the plaintiff company and Greta Apap Bologna who is thus the right defendant in this lawsuit. What Greta is doing is that when she noticed that her client was not going to pay her and she had suffered damage, she tried to pass on her responsibility for the payment of the merchandise on to Adrian Camilleri.

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

In the judgement of the Commercial Court, on the 2nd June 1993, in the names Edmond Barbara vs Victor Vella. It was decided ‘That it is an established principle that in default of clear proof which shows the contrary the contracting party is to be considered, as contracting in his own name’.

In the judgement of the Commercial Court, in the names Charles O’Flaherty vs Joseph Micallef, decided on the 24th June 1987, the Court stated thus ‘That in these circumstances this Court is of the opinion that the defendant is personally bound for the payment, because it does not result that at the time that the business in question was made he indicated to the applicant company that the payment was not to be made by him but by a commercial partnership’. In this cause Greta Apap Bologna did not bring any proof that she indicated to the appellant company that payment was not to be made by her but by someone else.

Finally the appellant company wants to point out that in all the correspondence Greta Apap Bologna always referred to Adrian Camilleri as her client, whilst the same appellant company never acknowledged him as the purchase of the products sold in dispute.

For the reasons above mentioned it appears clearly from the proof produced by the appellant company that the business in question was made between her and Greta Apap Bologna carrying on trade as Greta Design who is thus the right defendant in this lawsuit.

Thus, the appellant company whilst referring to all the proof brought forward and which can be brought forward according to law, including the reference to the evidence of the respondent humbly submits that this Honourable Court revokes the judgement in the names Mirage Holdings C 6808 vs Greta Apap Bologna carrying on trade as Greta Design and Adrian Camilleri of the Magistrates’ Court of Malta, decided on the 9th April 2015, as demanded in this application.

Notify: Adrian Camilleri, 51/5, Pretty Bay, Birżebbuġa.

Adv. Frank Portelli, LLD

For the Registrar Civil Courts and Tribunals

By means of a decree given on the 4th March 2015, in the records of the judicial letter number 2161/14, in the names The General Soft Drinks Co. Ltd vs Bar Celona Beach Company Limited et, the First Hall of the Civil Court ordered the following publication in terms of Article 187(3) of Cap. 12 for the purpose of effecting service on the respondents.

In the First Hall of the Civil Court

1. The company Bar Celona Beach Company Limited (C 52674) in its own capacity as debtor of 31, Flat 2, Saint Joseph Flats, Triq Wilġa, San Ġiljan;

2. Ian Chircop Beck (ID 64586M), in his own capacity as surety of 5, Eris, Triq il-Qamħ, Ħ’Attard.

By means of this present, The General Soft Drinks Co. Ltd (C 1591) of Qasam Industrijali tal-Marsa, Marsa MRS 3000 is formally warning you that since you did not comply with the payment obligations in the loan agreement in the records of Notary Dr Mario Rosario Bonello of the 18th November 2013 here attached and marked as Doc. ‘A’, and thus the applicant company is soliciting you to pay the sum of €16,393.75 representing the balance due from the loan granted by the applicant company to you, and this according a statement of account and which amount has not been paid to the applicant company notwithstanding various calls for payment.

By the present act, the applicant company is informing you that if you do not pay within one month from the notification of this judicial letter, they will immediately initiate further proceedings against you including the issue of precautionary warrants and this without further notice.

So much so that you may know how to regulate yourself and avoid further unnecessary costs.

With costs of this present and further interest of 8% or any other interest that may be due in terms of Article 26A of Cap. 13 from the date of that the aforementioned one month period lapses.

Alexandra Debattista

For the Registrar Civil Courts and Tribunals

By means of a decree given by the Court of Magistrates (Malta) on the 9th July 2013, in the records of the judicial letter number 1437/13, in the names Director General (Value Added Tax) vs Antonio Patanè, the following publication for the purpose of service was ordered in terms of Article 187(3) of Cap. 12.

By means of a judicial letter filed in the Courts of Magistrates (Malta) against Antonio Patanè (ID 52274A) of 38, Level 2, Triq Emmanuel Schembri, Birkirkara, on the 17th May 2013, the Commissioner for Revenue of Centre Point Building, Ta’ Paris Road, Birkirkara, solicits you in terms of Article 59 of Act XXIII of 1998 so that within two (2) days from the service of this letter you pay the sum of €1,794.69 representing the amount due by you according to the same Act.

With costs and interest according to Act XXIII of 1998 above mentioned till the date of effective payment.

This solicitation is being made for all intents and purposes of law and particularly, but not exclusively, in order to render the executive title that the Commissioner of Revenue has against you by means of a Notice sent to you on the 7th September 2012.

In default, the interpellant warns you that he shall pass to execute the said executive title he has against you by means of the opportune warrants.

So much for your own guidance and to regulate yourself.

Alexandra Debattista

For the Registrar Civil Courts and Tribunals

By means of a decree of the 24th February 2015, of the Civil Court First Hall, in the records of judicial letter number 301/15, in the names Commissioner of Revenue vs Carl Bonnici, the following publication for the purpose of service of the respondent was ordered in terms of Article 187(3) of Cap. 12.

In the First Hall of the Civil Court

To: Carl Bonnici (ID 479478M) ta’ 5, Sqaq San Anard, Żejtun.

By the present, the Commissioner of Revenue of Centre Point Building, Ta’ Paris Road, Birkirkara, calls upon you in terms of Article 59 of Cap. 406 of the Laws of Malta, so that within two (2) days from the service of this act, you pay the amount of €20,160.59 representing amount due by you as Value Added Tax (VAT (98) due by you.

The amount mentioned is still due although you were solicited several times by means of a notice issued by the Commissioner of Revenue in terms of Article 59 of Cap. 406 of the Laws of Malta (Doc. A).

This calling is being made for all intents and purposes of law,including but not limitedly, in order to render the executive title which the Commissioner of Revenue has against you.

If you fail to abide with this calling, you are informed that the Commissioner of Revenue shall pass to execute the said executive title he has against you.

With costs and interest according to Cap. 406 of the Laws of Malta.

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

Alexandra Debattista

For the Registrar Civil Courts and Tribunals

By means of a decree of the 5th March 2015, of the Civil Court First Hall, in the records of judicial letter number 2334/14, in the names Elmo Insurance Ltd vs Kevin Camilleri, the following publication was ordered for the purpose of effecting service on Kevin Camilleri in terms of Article 187(3) of Cap. 12.

In the First Hall of the Civil Court

To: Kevin Camilleri (ID 91579M) of 10, Sqaq ir-Rużarju, Għargħur.

By the present Elmo Insurance Ltd (C 3500) of Triq Abate Rigord, Ta’Xbiex, whilst referring to the car accident which occurred on the 10th March 2013 in Trejqet Birkirkara, in San Ġiljan, while you were driving the vehicle with registration number FBC-082 you collided with the vehicle with registration number CQZ-339 driven Elmo Insurance Ltd insured. This accident occurred solely because of your carelessness, negligence, lack of skill and lack of observance of the traffic regulations on your part.

You are therefore being solicited so that within seven (7) days from the date of this judicial letter you come forward for the consensual liquidation of the damages caused by you.

Should you fail to comply with this intimation within the stipulated time frame, Elmo Insurance Ltd will proceed against you by all the means permitted by law.

So much for your own guidance and to avoid costs and useless procedures.

With costs.

Notification: Citadel Insurance plc

Alexandra Debattista

For the Registrar Civil Courts and Tribunals

By means of a decree of the 5th March 2015 in the records of the judicial letter number 552/12, in the names Commissioner of Inland Revenue vs DA Holdings Ltd, the Courts of Magistrates (Malta) ordered the following publication for the purpose of service of the respondent company in terms of Article 187(5) of Cap. 12.

By means of a judicial letter filed in the Courts of Magistrates (Malta) against D A Holdings Ltd (C 18064) of Daniel’s Shopping and Residential Complex, The Sales Shop, 114, St Joseph High Road, Ħamrun, on the 22nd February 2012, the Commisssioner of Inland Revenue of 46, Merchants Street, Valletta,calls upon you so that within two days you pay the sum of €1,140 due as for the sum of €570 as back payments on tax on documents and transfers and as for the sum of €570 as additional duty or interest according to the Demand Note for Payment here attached and marked as Doc. ‘C’.

As you failed to pay the amount due by you although a claim for payment was made (see the same Doc. ‘C’ above mentioned), the interpellant warns you that if you fail to pay the amount due in the time given, the interpellant shall proceed for the execution of the executive title obtained in terms of Article 60A of Duty on Documents and Transfers Acts (Cap. 364 of the Laws of Malta).

Pay also the costs of this act.

Alexandra Debattista

For the Registrar Civil Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 4th June 2015, Application number 582/2015 by Louis Mula whereby he prayed that it be declared open in favour of John Mary Bartolo, brother of the decujus, and this in the quota of one third (1/3) undivided share; in favour of the same Louis Mula son of the late Paola née Bartolo, and this in the quota of one third (1/3) undivided share; and in favour of Carmel, sive Charles, Nicholas and Maria Dolores Spiteri, all brothers and sisters Cutajar, children of the late Mary née Bartolo, and this in the quota of one ninth (1/9) undivided share each one of them the SUCCESSION of Giorgio Bartolo, Bachelor, son of the late Carmelo and Giovanna née Debono, born and resided in Ħal Qormi, where he died on the 19th March 2014, aged 83, intestate, holding identity card number 250965(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

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 4th June 2015, Application number 579/2015 by Mary Magro, wife of the decujus, Renald, Jason, Clayton and Maria, all brothers and sisters Magro, children of the decujus, whereby they prayed that it be declared open in their favour the SUCCESSION of Joseph Magro, son of the late Carmelo and Mary née Cutajar,born in Tal-Pietà, resided in Bormla, and died in Tal-Qroqq, Imsida, on the 14th December 2014, aged 58, intestate, holding identity card number 0387165(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

Republic of Malta

To the Court Marshall

By means of a decree given by this Court, on the 21st May 2015,following a request of Argus Insurance Agencies Limited et, it was ordered that Deputy Curators be chosen to represent the absent Nazzareno and Pauline Micallef, in the records of the judicial letter number 3584/14, in the names Argus Insurance Agencies Limited vs Nazzareno and Pauline Micallef and in the relative and subsequent acts.

By means of a Judicial letter filed in the First Hall Civil Court, against 1. Nazzareno Micallef, 60, Orchidea, Triq iċ-Ċervjola, Marsaskala and 2. Pauline Micallef, 60, Orchidea, Triq iċ-Ċervjola, Marsaskala, on the 11th November 2014, Argus Insurance Agencies Limited (C 597) in the name and in representation of the foreign company Argus Insurance Company Limited of La Concorde, Abate Rigord Street, Ta’ Xbiex, in their capacity as insurers of the vehicle registration number JAS 403, refer to your judicial letter of the 2nd September 2014, sent in terms of Cap. 104 of the Laws of Malta and to Jason Azzopardi, 73, Twilight, Flat 4, Triq l-Arzell, Marsaskala, and without prejudice to its contractual relationship with the said person rebuts in the strongest manner the allegations therein contained as unfounded in fact and at law.

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

So much so that you may know how to regulate yourselves.

This judicial letter is being sent for all intents and purposes of law and especially but not limitedly in terms of Cap. 12 and 16 of the Laws of Malta.

With costs and legal interest.

Interpellant: La Concorde, Abate Rigord Street, Ta’ Xbiex.

Respondents: 1. 60, Orchidea, Triq iċ-Ċervjola, Marsaskala.

2. 60, Orchidea, Triq iċ-Ċervjola, Marsaskala.

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 Joseph Zammit Mckeon, LLD, Doctor of Laws.

Adv. Frank Portelli, LLD

For the Registrar Civil Courts and Tribunals