Mur Lura
Court Notices published in Govt. Gazette No. 19,474 of 15 September 2015
01/01/2015
Notice 1459
1459Bymeans of a decree given by the Court of Appeal on the 26th August 2015, in therecords of the Appeal Application in the names Directorof the Departmentfor Social Welfare Standards(Director of the Department for SocialWelfare Standards) vs Sharon Rose Rosche née Bellamy, Application number10/2015, DecidedMagistrate PaulCoppini, on the 24th July 2015, the following publication was ordered for thepurpose of the defendant Sharon Rose Rosche néeBellamy, in terms of Article 187(3) et seq. of Cap 12.
Bymeans of an Application of Appeal, filed in the Court of Appeal (SuperiorJurisdiction) Application Number 10/2015, Magistrate Paul Coppini (Decided 24thJuly 2015, Director of the Department For Social Welfare Standards)Director of the Department For Social WelfareStandards) vs Sharon Rose Rosche née Bellamy, on the 5th August 2015,Appeal Application filed by the Director ofthe Department for Social Welfare Standards, the applicanthumbly submitted:
1.That this application is an appeal of the judgement delivered on the24th of July 2015, in the names abovecaptioned by virtue of which the Honourable Court of Magistrates ( Gozo)Superior Jurisdiction, Family Section, decided the following:
‘Inview of the above this Court is satisfied that after taking into considerationall the circumstances of the case it has been established that there is a graverisk that the minorchild’s return toEngland would exposehim topsychological harm and also place him in an intolerable situation ascontemplated in article 13(b) of the Hague Convention. Consequently having alsotaken into account the fact that as yet no proof has been provided to thesatisfaction of this Court that adequate arrangements have been made to securethe protection of the child after his return, under Article 11(4)of the Regulation, it determines the matterby rejecting the demands of the applicant to declare the continued retention ofthe minor child.....omissis....., sonofDean Michael Roche and SharonRose Roschenée Bellamy, wrongful under the principles of the Hague Convention and to orderhis return to England.
Finallyin accordance with Article 32 of the Regulation, the Court orders that anofficial copy of this decision is notified to the Central Authority of EnglandWales, through the Central Authority of Malta’.
2. That the applicant Director feels deeply aggrieved bythe judgement andis therefore presentlyfiling this humble appeal.
3.That the judgement constitutes an inherent breach of the 1980 Hague Conventionand a gross misapplication of the ‘grave risk of physical and psychologicalharm or intolerable situation ‘ defence under article 13(b) of the said HagueConvention;
4.That in its judgement the First Court after only quoting the case law referredtoby the applicant herself in its noteof submissions filed on the 23rd June 2015 and nothing more, decided to upholdthe grave risk defence solely upon that stated in two ex-parte reports filed bythe respondent and a court appointed expert which was so appointed following arequest by the respondent, which request was objected to by the applicantbecause it “does not serve the purpose of Article 13(b)”
5.That the applicant deems relevant to point out that the First’s Court’sadministration has failed to produce cross examination (eskussjoni) transciptsof these three experts which cross-examination has been held way before thejudgement was delivered, precisely on the 14th May 2015. In spite of beingrequested more than once by the applicant.
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6.That now the applicant will delve into scrutinzing that part of the judgementwhere the First Court motivated its conclusion to uphold the article 13(b)defense preciselypages 10 till 13.
i. In their conclusions all the three expertsthat is the Court appointed child psychologist Dr Carly Aquilina and ex-parteexperts Psych. Assistant Ms Maria Grech Brincat and Clinical Psycholgist JosephFarrugia relied exclusively on therespondent’s version of events which version was not in any waycorroborated and all conclude that the minor has now settled in Gozo, aconclusion which is totally devoid of any legal and factual basis and cannot inany way be used as a defense to circumvent the Court’s obligation imposed uponit by virtue of Article 12 of the Hague Convention to return the child‘forthwith’.
ii.The trustworthiness of the facts as given by the respondent in her testimonyand to such experts do not at all aspire truth especially when considering thatthe respondent recounted different versions of events.
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iii.That, above all, the respondent’s versions of events never mention that thefather was ever physically, emotionallyor psychologically abusive to the child and do not show any ‘grave riskthat his (son’s) return would expose the child to physical or psychologicalharm or otherwise place the child in an intolerable situation’ in the sense ofarticle 13(b) of the Hague Convention.
Thatas evidenced in the Dr CarlyAquilina’sreport and her cross-examination, the respondent herself declared that thefather was never violent towards her or their son.
That instead of showing any ‘grave risk’ in the sense ofarticle 13(b) of the Hague Convention, the respondent by means of such expertssimply engaged in a custody determination to try and show that she is thebetter parent in the long run without producing any objective and conclusiveevidence to that affect, thereby breaching article 19 of the Hague Conventionand that held in vast international case law.
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ThattheCourt appointed expert Dr CarlyAquilina showed from the outset that she had misinterpreted her role in thereport she had to conclude.
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Thatwith all due respect the scope of the Hague Convention and the Brussels IIbisRegulation is to ensure the children’s prompt return to the State of theirhabitual residence not for the child or abducting parent to live with the leftbehind parent, but to make sure as stated in article 10 of the Brussels IIIbisRegulation, that such Courts of the child’s habitual residence before abductionretain jurisdiction to decide on the question of custody notwithstanding theabduction.
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iv.That the respondent did not in any way produce any tangible evidence to provethe existence of the above requisites, so much so that as already stated aboveher legal representation dealt with the case as one of care and custody and notof abduction by filing two ex-parte reports and requesting a court appointedexpert which expertstreated theseproceedings as separation/care custody proceedings and had no idea theseproceedings are abduction proceedings much less as to what article 13(b)entails’.
TheFirst Court however decided to shift this onus of proof upon the father bystating in the last paragraph of page 11that ‘Yet the most worrying aspect of returning the child to live withhis father concerns his alcohol abuse.... Mr. Roche has very weakly rebuttedthese allegations and has made no attempt to convince this Court that he iswilling to change his ways’.
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Thatin any case it is to be reiterated that these proceedings are abductionproceedings and not care and custody proceedings. This Honourable Court cannotdelve into the question of who is the better parent who can raise the childbecause it does not have jurisdiction to do so. Such jurisdiction falls underthe remit of the Court of habitual residence of the minor, that is the UnitedKingdom.
Thatif the respondent feels that she is the best suited to raise the child, she isundoubtedly perfectly capable of instituting care and custody proceedingsbefore the appropriate forum, that is before the Court of the United Kingdom,which is that state of the minor’s habitual residence.
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Thatwhat is certain is that this Honourable Court cannot decide who is the bestparent to raise the child even in the light of that expressly stated in Article19 of the Hague Convention, that is. ‘A decision under the Conventionconcerning the return of the child shall not be taken to be a determination onthe merits of any custody issue’.
v.That the First Court went on in page 11 to conclude that ‘the child wouldsuffer psycholgical harm if he is separated from his mother and returned to theUK to live with his father because the mother, as directed by her attorneys,declared that she does not want to return to the UK.
Thatsuch paragraph is totally flawed and shows the Court’s complete lack ofknowledge as to the scope of the Hague Convention and the Brussels IIIbisRegulation.
Thatas already stated above the scope of the Convention and the Regulation is toensure the child’s prompt return to the State of their habitual residence notfor the child or parents to live there as the First Courthas erroneously percieved its decision on butto make sure as stated in article 10 of the Brussels Ilbis Regulation that suchCourts of the child’s habitual residence before abduction retain jurisdictionto decide on the question of custody nothwithstanding the abduction.
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vi.That the First Court went on to state in page 12 and 13 of its judgement thatsince ‘as yet no proof has been provided to the statifaction of the Court thatadequate arrangements have been made to secure the protection of the childafter his return under Article 11(4) of the Regulation, it determines thematter by rejecting the demands of the applicant to declarethe continued retention of the minor child.....omissis....., son of Dean Michael Roche and Sharon Rose Roche née Bellamy,wrongful under the principles of the Hague Convention, and to order his returnto England’.
Thatof course no proof could be provided because no measures have been taken sincethe father as declared by the respondent herself and the court-appointedexpert Dr Carly Aquilina, poses no grave riskof physical or psychological harm nor places an intolerable situation to thechild in the sense of article 13(b) of the Hague Convention.
.....omissis.....
Thattherefore as expressly provided for in an article 11 para 4 of the BrusselsIlbis Regulation, once it is establised that in England there are adequatearrangements to secure the protection of the children after their return, thisHonourable Court cannot refuse to return the minor.....omissis.....even if theexistence of the requisites of grave risk and intollerable situationunder article 13(b) have been proven to exist( which were not).
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Thatthe Hague Convention rests implicitly upon the principle that any debate on themerits of the custody rights should take place before the competent authortiesin State where the child had its habitual residence prior to its removal orretention.
That therefore in the light of the above and for theindicated reasons,the applicant humblysubmits that the judgementpronounced bythe First Court is manifestly unjust and does not at all reflect correctly thelegal application of the article 13(b)’s grave risk defense in the HagueConvention and the scope of the Hague Convention and the Brussels IIbisRegulation.
Thus the applicant appellant whilst making reference to allthe evidence and submissions brought forward in front of the Court ofMagistrates (Gozo) Superior Juisdiction, Family Section and reserving the rightto produce all other evidence which is permissble to the applicant according tolaw humbly requests this Honourable Court to revoke the judgement in the namesof Direttur tad-Dipartiment għall-Standards fil-Ħarsien Socjali (Director ofthe Departmentfor Social WelfareStandards) vs Sharon Rose Roche née Bellamy, Application No. 10/15 by virtue ofwhich the Court of Magistrates (Gozo)Superior Jurisdiction, Family Section decided that ‘in view of the abovethis Court, is satisfiedthat aftertaking into consideration all the circumstances of the case, it has beenestablished that there is a grave risk that the minor child’s return toEngland would expose him to psychologicalharm and also place him in an intolerable situation as contemplated in article13(B) of the Hague Convention.Consequently having also taken into account the fact that as yet no proofhas been providedto the satisfaction ofthe Court that adequate arrangements have been made to secure the protection ofthe child after his return, under Article 11(4) of the Regulation, itdetermines the matter by rejectingthedemands of the applicantto declare thecontinued retention of the minor child.....omissis....., son of Dean Michael Roche and Sharon Rose Rochenée Bellamy, wrongful under the principles of the Hague Convention and to orderhis return to England. Finally in accordance with Article 32 of the Regulation,the Courtorders that an official copyof this decision is notified to the Central Authority of England and Walesthrough the Central Authority of Malta and instead order the return of theminor .....omissis.....with expenses ofboth instances to be borne by the Appellate party.
Court of Appeal
His Honour the Chief Justice Silvio Camilleri.
TheHon. Mr Justice Giannino Caruana Demajo
The Hon. Mr Justice Noel Cuschieri
ApplicationNumber 10/2015
Directorof the Department for Social Welfare Standards
(Directorof the Department for Social Welfare Standards)
vs
SharonRose Rosche née Bellamy
TheCourt
Havingseen the application
Havingseen the negative reports of the Court Official who carried out the service.
Upholdsthe request on condition that the applicant strictly abides with subarticle (3)Article 187 of Cap. 12 and even that the publication be made in the GovernmentGazette and two daily newspapers one in Maltese and one in English.
Appellant:Director for the Department of Social Welfare Standards, 469, St Joseph HighRoad, Santa Venera.
Appellant:Sharon Rose Roche née Bellamy, Narċisa Triq San Blas, Nadur, Għawdex, u/jew DarTa’ Deja’ vu, Triq Klula, Santa Luċija, Kerċem, Għawdex.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Notice 1460
1460ITIS BEING NOTIFIED that by a decree dated 7th September, 2015 given by the Courtof Magistrates (Malta) as a Court of Criminal Judicature – (Magistrate DrClaire L. Stafrace Zammit LLD)Compilation Number 213/2015 in the case:
ThePolice
(InspectorGabriel Micallef)
Versus:
COLINCIANGURA, 20 years, son of Andy (Andrew) and Marvic née Mifsud, born in PietàMalta on the 2nd December 1994, residing at 75, Gauci, Flat 4, St. George’sStreet, Santa Venera Malta and holder of Maltese Identity Card bearing number538194M.
ORDEREDthe attachment in the hands of third parties in general all monies and othermovable property due or pertaining or belonging to COLIN CIANGURA and prohibitsthe said accused from transferring, pledging, hypothecating or otherwisedisposing of any movable or immovable property and this according to Section22A of the Dangerous Drugs Ordinance, Chapter 101 of the Laws of Malta and ofSection 23A of the Criminal Code, Chapter 9 of the Laws of Malta.
AUTHORISEDthat the accused can receive an amount which will not exceed thirteen thousand,nine hundred and seventy six Euro and twenty-four cents (€13,976.24) per year.
Marvic Psaila
DeputyRegistrar Criminal Courts and Criminal Tribunals (Malta)
Notice 1461
1461Bya decree of the Small Claims Tribunal of 6th October 2014, the publication ofthe following extract was ordered for the purpose of service in terms ofArticle 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).
Mobisle Communications Limited (C24655) of Triq FraDiego, Marsa, MRS 1501, filed a Claim on the 30th July 2014 whereby they askedthe Tribunal to condemn Zoey Anne Jenkins (ID 69648A) of Picadilly Crt, Blk B,Flat 5, Track Edgar Barnard, Gżira,topay the plaintiff company the sum of €1184.71 which amount is due to theplaintiff company.
Withcosts and legal interests.
Thecase (Claim Number 529/14NHV) is deferred on the 2nd October 2015 at 12.05 p.m.
Alexandra Debattista
Forthe Registrar Civil Courts and Tribunals
Notice 1462
1462Bya decree of the Small Claims Tribunal of the 5th November 2014, the publicationof the following extract was ordered for the purpose of service in terms ofArticle 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).
Goplc (C22334) of Fra Diego Street, Marsa, MRS 1501, filed a Claim on the 25thAugust 2014 whereby they asked the Tribunal to condemn Sullivan Ryan Densil (ID57800A) of 33, Flat 1, Triq Tignè, Tas-Sliema,to pay the plaintiff company the sum of €1453.77 which amount is due tothe plaintiff company.
Withcosts and legal interests.
Thecase (Claim Number 607/14NHV) is deferred on the 2nd October 2015 at 12.05 p.m.
Alexandra Debattista
Forthe Registrar Civil Courts and Tribunals
Notice 1463
1463Bya decree of the Small Claims Tribunal of the 5th November 2014, the publicationof the following extract was ordered for the purpose of service in terms ofArticle 187(5) of the Code of Organisation and Civil Procedure (Cap. 12).
Goplc (C22334) of Fra Diego Street, Marsa, MRS 1501, filed a Claim on the 21stAugust 2014 whereby they asked the Tribunal to condemn Farrugia Geneve (ID103578M) for and on behalf of Euroline Limited (C30815) of Mar Frank, Triq LuqaBriffa, Gżira,to pay the plaintiff companythe sum of €503.22 which amount is due to the plaintiff company.
Withcosts and legal interests.
Thecase (Claim Number 601/14NHV) is deferred on the 2nd October 2015 at 12.05 p.m.
Alexandra Debattista
Forthe Registrar Civil Courts and Tribunals
Notice 1464
1464Bya decree of the Small Claims Tribunal of the 5th November 2014, the publicationof the following extract was ordered for the purpose of service in terms ofArticle 187(4) of the Code of Organisation and Civil Procedure (Cap. 12).
Goplc (C22334) of Fra Diego Street, Marsa, MRS 1501, filed a Claim on the 21stJuly 2014 whereby they asked the Tribunal to condemn Alexei Lapira as directorof Cut Coiffeur Company Limited (C 33501) of Aripal, Triq il-Gallina, SanĠwann, to pay the plaintiff company the sum of €705.97 which amount is due tothe plaintiff company.
Withcosts and legal interests.
Thecase (Claim Number 481/14NHV) is deferred on the 2nd October 2015 at 12.05 p.m.
Alexandra Debattista
Forthe Registrar Civil Courts and Tribunals
Notice 1465
1465Bymeans of a decree of the 18th May 2015 of the Civil Court First Hall in therecords of judicial letter number 938/2015, in the names Commissioner ofRevenue vs Photo Play Malta Ltd et, the following publication for the purposeof service of the respondents was ordered in terms of Article 187 (3) and (5)of Cap. 12.
Inthe First Hall of the Civil Court
To:1. Photo Play Malta Ltd (C 43358) of Casa Italia, Labour Road, Żabbar.
2.Giuseppe Mosciaro (Italian Passport number AS0598688) of Casa Italia, LabourRoad, Żabbar.
Bythe present the Commissioner of Revenue of Centre Point Building, Ta’ ParisRoad, Birkirkara, calls upon you in terms of Article 59 and 66 of Act XXIII of1998 so that within two (2) days from the service of this act, you pay theamount of €22,099.19 representing amount due by you together according to thesaid Act.
Withcosts and interest according to the same Act till the date of effectivepayment.
Thiscalling is being made for all intents and purposes of law and particularly, butnot exclusively, in order to render executable the executive title which thesame interpellant has against you by means of a notice sent to you (Doc. A andDoc. B).
Indefault, the interpellant shall pass to execute the said executive title he hasagainst you by means of the opportune warrants.
Somuch so that you may know how to regulate yourselves and to proceed.
Alexandra Debattista
Forthe Registrar Civil Courts and Tribunals
Notice 1466
1466Bymeans of a decree of the 25th May 2015 of the Civil Court First Hall in therecords of judicial letter number 1328/2015, in the names Commissioner ofRevenue vs Anthony Vassallo, the following publication for the purpose ofservice of the respondent was ordered in terms of Article 187(3) of Cap. 12.
Inthe First Hall of the Civil Court
To:Anthony Vassallo (ID 825847M) of Casa Vassallo, Triq Ħal Tartarni, Rabat,Malta.
Bythe present the Commissioner of Revenue of Centre Point Building, Ta’ ParisRoad, Birkirkara, calls upon you in terms of Article 59 of Act XXIII of 1998 sothat within two (2) days from the service of this act, you pay the amount of€103,379.39 representing amount due by you as value added tax according to thesaid Act.
Withcosts and interest according to the same Act till the date of effectivepayment.
Thiscalling is being made for all intents and purposes of law and particularly, butnot exclusively, in order to render executable the executive title which thesame Commissioner of Revenue has against you by means of a notice sent to you.
Indefault, the interpellant shall pass to execute the said executive title he hasagainst you by means of the opportune warrants.
Somuch so that you may know how to regulate yourself and to proceed.
Alexandra Debattista
Forthe Registrar Civil Courts and Tribunals
Notice 1467
1467Bymeans of a decree of the 1st July 2015 of the Civil Court First Hall in therecords of judicial letter number 896/2015, in the names Commissioner ofRevenue vs Complete Trading Limited, the following publication for the purposeof service of the respondent company was ordered in terms of Article 187 (5) ofCap. 12.
Inthe First Hall of the Civil Court
To:Complete Trading Limited (C 41369) of Flat 6, Violet Court, Triq il-Mazzola, Buġibba.
Bythe present the Commissioner of Revenue of Centre Point Building, Ta’ ParisRoad, Birkirkara, calls upon you in terms of Article 59 of Act XXIII of 1998 sothat within two (2) days from the service of this act, you pay the amount of€14,835.80 representing amount due by you as Value Added Tax according to thesaid Act.
Withcosts and interest according to the same Act XXIII of 1998 till the date ofeffective payment.
Thiscalling is being made for all intents and purposes of law and particularly, butnot exclusively, in order to render executable the executive title which thesame Commissioner of Revenue has against you by means of a notice sent to you.
Indefault, the interpellant shall pass to execute the said executive title he hasagainst you by means of the opportune warrants.
Somuch so that you may know how to regulate yourself and to proceed.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 1468
1468Bymeans of a decree of the 26th October 2012, in the records of the judicialletter number 925/12, in the names United Acceptances Finance Ltd vsArcidiacono Ivano, the Court of Magistrates (Malta) ordered the followingpublication for the purpose of service of the respondent in terms of Article187(3) of Cap. 12.
Bymeans of a judicial letter filed in the Courts of Magistrates (Malta) againstArcidiacono Ivano (ID 253974M) of Elgin Court, Flat 12, Sqaq is-Siġra, SanĠiljan,on the 3rd April 2012, UnitedAcceptances Finance Ltd (C 360) of Mizzi House, National Road, Blata l-Bajda,refers to three (3) bills of exchange signed and accepted by you, which billsof exchange lapsed but were not paid for, copies of this bill of exchange areannexed and marked with numbers 57 to 59.
Theinterpellant calls upon so that within two days you pay the sum of €717.67value of bills of exchange above mentioned, besides legal interest from thedate due till the effective payment.
Indefault of payment the interpellant company informs you that they shall proceedagainst you without any other notice according to law.
Somuch so that you may know how to regulate yourself.
Youare warned that you have the right to oppose the execution of these bills ofexchange by means of an application that has to be done within twenty days fromthe service of this judicial act and this in terms of Article 253 Cap. 12 ofthe Laws of Malta.
Thisjudicial act is being made to render executable the bills of exchange in termsof Article 256(2) of Cap. 12 of the Laws of Malta.
Withcosts.
Alexandra Debattista
Forthe Registrar Civil Courts and Tribunals
Notice 1469
1469Bymeans of a decree of the 26th October 2012, in the records of the judicialletter number 2062/12, in the names United Acceptances Finance Ltd vsStankevich Yulia, the Court of Magistrates (Malta) ordered the followingpublication for the purpose of service of the respondent in terms of Article187(3) of Cap. 12.
Bymeans of a judicial letter filed in the Courts of Magistrates (Malta) againstStankevich Yulia (ID 42139A) of 60, Triq it-Torri, Sliema,on the 3rd August 2012, United AcceptancesFinance Ltd (C 360) of Mizzi House, National Road, Blata l-Bajda, refers to eight(8) bills of exchange signed and accepted by you, which bills of exchangelapsed but were not paid for, copies of this bill of exchange are annexed andmarked with numbers 39 to 46.
Theinterpellant calls upon so that within two days you pay the sum of €3728 valueof bills of exchange above mentioned, besides legal interest from the date duetill the effective payment.
Indefault of payment the interpellant company informs you that they shall proceedagainst you without any other notice according to law.
Somuch so that you may know how to regulate yourself.
Youare warned that you have the right to oppose the execution of these bills ofexchange by means of an application that has to be done within twenty days fromthe service of this judicial act and this in terms of Article 253 Cap. 12 ofthe Laws of Malta.
Thisjudicial act is being made to render executable the bills of exchange in termsof Article 256(2) of Cap. 12 of the Laws of Malta.
Withcosts.
Alexandra Debattista
Forthe Registrar Civil Courts and Tribunals
Notice 1470
1470Bymeans of a decree of the 5th March 2015 in the Court of Magistrates (Malta) inthe records of the judicial letter number 4219/14 in the names Bank of Vallettaplc vs Nicholas Joseph Attard et, ordered the following publication for thepurpose of service of the respondents in terms of Article 187(3) of Cap. 12.
Bymeans of a judicial letter filed in the Courts of Magistrates (Malta) againstNicholas Joseph (ID 25609L) and Kate Louise (ID 49676M) spouses Attard, on the12th December 2014, Bank of Valletta plc of 1/5 Misraħ San Ġorġ, Valletta VLT1190, calls upon you so that within two days you pay the sum of €4,912.15balance of debt in your Loan and Credit Card Loan Accounts with Bank ofValletta plc together with further interests from the 24th September 2014 tillthe date of effective payment.
Theinterpellant company warns you that if you fail they shall be constrained toproceed against you according to law.
Service1. Nicholas Joseph Attard – Bella Vista Sueliz, Flat 5, Dawret San Pawlil-Baħar, San Pawl il-Baħar.
2.Kate Louise Attard – 1, Marmara, Triq Għawdex, San Pawl il-Baħar.
Alexandra Debattista
Forthe Registrar Civil Courts and Tribunals
Notice 1471
1471By means of a decree of the 19th June 2015 in the FirstHall of the Civil Courts in the records of the judicial letter number 1285/15in the names Bank of Valletta plcvs JosianneSpiteri, ordered the following publication for the purpose of service of therespondent in terms of Article 187(3) of Cap. 12.
Bymeans of a judicial letter filed in the First Hall of the Civil Courts againstJosianne Spiteri (ID 329787M) of 34, Triq ir-Rixtellu, Ħal Luqa, on the 10thApril 2015, Bank of Valletta plc (C 2833) of 1/5, Misraħ San Ġorġ, Valletta VLT1190,calls upon you so that within twodays you pay the sum of €19,410.54 balance of debt in your Loan Accounts withBank of Valletta plc together with further interests from the 15th October 2014till the date of effective payment.
Theinterpellant company warns you that if you fail they shall be constrained toproceed against you according to law.
Alexandra Debattista
Forthe Registrar Civil Courts and Tribunals
Notice 1472
1472Bymeans of a decree of the 6th of September 2015 given on an application of HughMcNeil and Elizabeth Lupiya filed on the 21st ofAugust2015 in the records of application number 311/2015 wherein it wasordered the publication of the inventory of the estate of the late JOHNGREAVES, (ID 0044637A), solicitor, son of the late William Greaves and WinifredMary Greaves née Wilkinson, born in Bolton, United Kingdom, and died atValletta, Malta on the 17thJanuary,2015, aged 77 years.
Thispublication is going to be held on Friday the 24th day of September 2015 atnine o’clock in the morning (9.00 a.m.) at the office that bears the number 53,Strait Street, Valletta, under the ministry of Notary Dr John Gambin.
Marcel Bugeja
For the Registrar Civil Court and Tribunals
Notice 1473
1473Bymeans of a decree given by the Civil Court (Family Section), on the 2ndSeptember 2015, in the records of the Sworn Application, in the names Publiussive Leo Said vs Josephine Attard, Application number 237/13 RGM, the followingpublication was ordered for the purpose of service of the respondent JosephineAttard in terms of Article 187(3) et seq. of Cap. 12.
Bymeans of an Application with Urgency filed in the Civil Court (Family Section)in the records of the Sworn Application in the names Publius sive Leo Said (ID279449M) vs Josephine Attard (ID 273048M) on the 30th June 2015, the applicantPublius sive Leo Said (ID 279449M) respectfully pleaded:
1.That the parties had separated a ‘mensa et thoro’ by means of a contractpublished by Notary Dr Carmel Gafà on the 16th November 1992.
2.That as they had reconcilated as they were together for some time andafterwards they separated for a second time, the parties confirmed theirseparation and regulated their position by a public deed by Notary Dr RachelMallia of the 24th July 2003.
3.That according to article number three (3) of the last contract the applicantbound himself to pay the defendant the sum of EUR 128.15 weekly for her throughher life.
4.That he always did his best to pay the amounts due on time even when he hadfinancial problems. However his situation went drastically for the worse andchanged completely lately.
5.That till this day the applicant does not have a job after this was terminated.
6.That the applicant receives an income exclusively from his pension whichamounts to the sum of EUR 641.44, besides a small bonus every six months.
7......omissis.....
Thusand in view of the premised the applicant humbly prays with respect that thisHonourable Court pendete lite reduces the amount payable by way of maintenanceas agreed in the contract of the 24th July 2003, pending the outcome of thecause on the merit in the same names above premised since the applicant is inthe impossibility to abide with this obligation.
Service:Olympia House, Clarence Street, Gwardamanġa.
Adv. Frank Portelli, LLD
Forthe Registrar Civil Courts and Tribunals
Notice 1474
1474Bya decree of the Court of Magistrates (Malta) of the 13th August 2015, thepublication of the following extract was ordered for the purpose of service interms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap.12).
Bankof Valletta plc (C 2833) of 1/5 Misraħ San Ġorġ, Valletta VLT 1190 filed aClaim on the 5th June 2015, whereby they asked the Court to condemn AlfredGialanze (ID 16057M) of 17, Sqaq San Bastjan, Żejtun, to pay the plaintiffcompany the sum of €11,334.03 which amount is due to the plaintiff company.
Withcosts and interests.
Thecase (Notice Number 159/15FDP) is deferred to the 5th October 2015 at 9.00 a.m.
Alexandra Debattista
Forthe Registrar Civil Courts and Tribunals
Notice 1475
1475Bya decree given on the 26th August, 2015 by the Civil Court First Hall, theCourt ordered that the extract hereunder mentioned be published for the purposeof service according to Article 187 (3) of the Code of Organisation and CivilProcedure (Cap. 12).
Bya decree given by the Civil Court First Hall on 11th August, 2015, on theapplication of BANK OF VALLETTA PLC (C 2833), Wednesday, 28th October, 2015 athalf past ten in the morning (10.30 a.m.), has been fixed for the Sale byAuction to be held in room number one hundred and fourteen (114), SuperiorRegistry, Courts of Justice, Republic Street, Valletta, of the following itemsseized from the property of OLIVER AGIUS (ID 358445M) and YVONNE AGIUS (ID366646M).
Variousjewel items and gold coins.
N.B.The said objects will be sold as described in the acts of the file number53/10.
Marvic Farrugia
Forthe Registrar of Civil Courts and Tribunals
Notice 1476
1476Bymeans of a decree given by the First Hall Civil Court, on the 17th August 2015,in the records of the Sworn Application, in the names Buttigieg Daniel Advocatenoe vs Camilleri Joseph et, application number 455/15 MH, the followingpublication was ordered for the purpose of service of the respondents JosephCamilleri and Alison Camilleri in terms of Article 187(3) et seq. of Cap. 12.
Bymeans of a Sworn Application filed in the First Hall Civil Court, in the namesAdv. Daniel Buttigieg (ID 158087M) in the name and in representation of LourdesAzzopardi (ID 10778M) 198, Old Bakery Street, Valletta, vs Joseph Camilleri (ID278865M) and Alison Camileri (ID 208172M) Sea Breeze Apartments, Flat 8, Triqil-Madonna tas-Sacro Cuor, Sliema, on the 14th May 2015, the applicants askedthis Honourable Court:
1.To declare that the works carried out by the respondent spouses Camilleri onthe window which is situated on the back of their premises are abusive andillegal since that the enlargement of the opening from a window to a dooraggravates the already existing servitude and uphold the other demands in theapplication.
Withcosts against the respondents summoned so that a reference to their evidence bemade.
Notify:Joseph Camilleri (ID 278865M) and Alison Camilleri (ID 208172M), Sea BreezeApartments, Flat 8, Triq il-Madonna tas-Sacro Cuor, Sliema.
TheSworn Application in the names Buttigieg Daniel Avukat noe vs Camilleri Josephet, application number 455/15 MH, has been deferred for hearing to the 16thOctober 2015, at 9.15 a.m.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Notice 1477
1477Bya decree given by the CIVIL COURT FIRST HALL on 25th August, 2015, on theapplication of BANK OF VALLETTA PLC, Tuesday, 13th October, 2015 at noon (12.00p.m.), has been fixed for the SALE BY AUCTION to be held in the FIRST FLOOR OFTHESE COURTS OF JUSTICE, REPUBLIC STREET, VALLETTA of the following property:
The tenement officially numbered eighty four (84) knownas numbered sixty three (63), in Triq Santa Marija, Gudja, including the relativeairspace of the said property, subject to the active and passive servitudesresulting from its relative position the rest is free and unencumbered with allits rights and appurtenances also subject to annual groundrent of one MalteseLira (Lm1.00) equivalent to two Euro and thirty three Euro cents (€2.33) valuedat eighty five thousand Euro (€85,000).
Thesaid property belongs to Fabian Catania (ID 544275M) and Valerie Muscat (ID506976M).
Thesaid property is being sold as described in the judicial acts number 33/14.
Marvic Farrugia
Forthe Registrar Civil Courts and Tribunals
Notice 1478
1478Bya decree of the Small Claims Tribunal of the 8th September 2014, thepublication of the following extract was ordered for the purpose of service interms of Article 187(5) of the Code of Organisation and Civil Procedure (Cap.12).
Doctorof Laws Stefan Zrinzo Azzopardi (ID 443073M) and Doctor of Laws Doctor AlexiaFarrugia Zrinzo (ID 43182M) of 204/3 Old Bakery Street, Valletta, filed a Claimon the 11th June 2015 whereby they asked the Tribunal to condemn GOAGT Limited(C 55270) of 1, John Lopez Street, Floriana FRN 1400, Malta and Maritime GuardGroup Limited (C 51865) of 1, John Lopez Street, Floriana FRN 1400,to pay the plaintiffs the sum of €1260.73which amount is due to the plaintiffs.
Withcosts and interests.
Thecase (Claim Number 492/15VG) is deferred on the 23rd September 2015 at 1.00p.m.
Alexandra Debattista
Forthe Registrar Civil Courts and Tribunals
Notice 1479
1479Bymeans of a decree given by the Rent Regulation Board, on the 4th September2015, in the records of the Application, in the names Spiteri Catherine vsDesira Mario et, application number 65/15 MV, the following publication wasordered for the purpose of service of the respondent Mario Desira in terms ofArticle 187(3) et seq. of Cap. 12.
Bymeans of an Application filed in the Rent Regulation Board, in the namesCatherine Spiteri (ID 822245M) vs Mario Desira (ID 632156M), Jade Desira (ID52291M) and Bouchra Boukaoua (ID 201712L), on the 24th June 2015, theapplicants asked the respondents why this Honourable Board should not savingany necessary declaration:
Declarethat due to the delay of the respondent Mario Desira in the payment of rent ofthe premises the lease of the same premises in terms of clause number fifteen(15) of the private writing dated 30th September 2014, was terminated anddissolved and uphold the other demands in the application, amongst which thepayment of the sum liquidated as penalty.
Withcosts and legal interest against the respondents summoned so that a referenceto their evidence be made.
Respondent:58, Hilltop B, Flat 3, Triq is-Sliem, Marsaskala.
TheApplication in the names Spiteri Catherine vs Desira Mario et, application65/15 MV, has been deferred for hearing to Thursday 12th November 2015, atnoon.
Avv. Frank Portelli, LLD
Forthe Registrar Civil Courts and Tribunals
Notice 1480
1480Bya decree given by the CIVIL COURT FIRST HALL on 17th of August 2015,on the application of HSBC BANK MALTA PLC,Tuesday, 6th October, 2015 at noon (12.00 p.m.) for the SALE BY AUCTION to beheld on the First floor, Courts of Justice, Republic Street, Valletta, of thefollowing property:
Garageunnamed and unnumbered underlying a maisonette numbered twenty five (25) inTriq il-Għajn, Swieqi and accessible from a ramp in the front garden subject toan annual and perpetual rent of twenty seven Euro and ninety five cents only(€27.95) free and unencumbered with all its rights and appurtanances borderingon the South West with the mentioned street and from North West with propertyof Joseph and Sandra Cassar or their successors in title of the company namedEstates Developments Limited. In the garage there are drainage pipes ofthe overlayed properties.The garage measurestwenty nine point five metres squared (29.5 metres squared) and is situated ina development zone known as tas-Sieqi. The property is valued at twentythousand Euro (€20,000).
Thesaid tenement is the property of B.KAM Holdings Limited and by a decree givenon the 9th February 2015 where nominated Dr Noel Bartolo and PL Mario MifsudBonnici as Deputy Curators.
N.B.The said tenement will be sold as described in the Judicial Sales Act 9/2015.
Rudolph Marmarà
Forthe Registrar Civil Courts and Tribunals
Notice 1481
1481By a decree of the Small Claims Tribunal ofthe 26th March 2015, the publication of the following extract was ordered forthe purpose of service in terms of Article 187(3) of the Code of Organisationand Civil Procedure (Cap. 12).
Go plc (C 22334) of Fra Diego Street, Marsa MRS 1501,filed a Claim on the 26th July 2013 whereby they asked the Tribunal to condemnMary Rose Farrugia and by a decree of the 14th January 2015 Mario Farrugia ofAqualeon, Triq Bur Glat, Gudja was called into suit to pay the plaintiffcompany the sum of €567.66 which amount is due to the plaintiff company.
Withcosts and legal interests.
Thecase (Claim Number 450/13YMS) is deferred on the 24th September 2015 at 12.30p.m.
Alexandra Debattista
Forthe Registrar Civil Courts and Tribunals
Notice 1482
1482Bya decree given by the CIVIL COURT FIRST HALL on 1st September, 2015, on theapplication of BRIFFA YOLANDA, Wednesday, 21st October, 2015 at half past tenin the morning (10.30 a.m.) has been fixed for the SALE BY AUCTION to be heldat number four hundred and forty seven (447), TRIQ IL-KBIRA SAN ĠUZEPP, SANTAVENERA of the following items seized from the property of SCICLUNA FRANCO (ID308830M).
Vehicleof the make KIA white in colour with the registration number DAT 151.
N.B.The said vehicle will be sold as described in the acts of file number 28/15.
Marvic Farrugia
For the Registrar of Civil Courts and Tribunals
Notice 1483
1483Itis hereby notified that by a decree of the Small Claims Tribunal of 7th July2015, the publication of the following extract was ordered for the purpose ofservice in terms of Article 187(3) of the Code of Organisation and CivilProcedure (Cap. 12).
IrisCauchi (ID 617625M), Jennifer Cauchi (ID 1954M), Roderick Galea (ID 661781M)and Dionysius Gerardus Hubertus Goossens (ID 33209A) residing respectively atFlat 5, Flat 7 and Flat 3, Capua Flats, Triq Dun Gennaro Camilleri, Sliema,filed a Claim on the 4th June 2015 whereby they asked the Tribunal to condemnDr Melyvn Mifsud (ID 605761M) of Flat 1, Capua Flats, Triq Dun GennaroCamilleri, Sliema, to pay the plaintiffs the sum of €1036.25 which amount isdue to the plaintiffs.
Withcosts and legal interests.
Thecase (Claim Number 479/15DMA) is deferred on the 16th September 2015 at 12.05p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals