Mur Lura
Court Notices published in Govt. Gazette No. 19,381 of 09 February 2015
01/01/2015
Notice 237
237By a decree of the Small Claims Tribunal, of the 14th November, 2014, the publication of the following extract was ordered for the purpose of service in terms of Article 187 (3) of the Code of Organisation and Civil Procedure (Cap. 12).
Mobisle Communications Limited (C 24655), of Fra Diego Street, Marsa MRS 1501, filed a Claim, on the 18th August, 2014, whereby they asked the Tribunal to condemn Sini Pirita Vuojaervi (ID 72324A), of 20, Vanessa, Flat 2, Triq l-Imsieraħ, San Ġwann, to pay the plaintiff company the sum of €375.22, which amount is due to the plaintiff company.
With costs and legal interests.
The case (Claim Number 562/14KPS) is deferred for the 19th February, 2015, at 12.30 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 238
238By a decree of the Small Claims Tribunal, of the 6th 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).
Mobisle Communications Limited (C 24655), of Fra Diego Street, Marsa MRS 1501, filed a Claim, on the 9th July, 2014, whereby they asked the Tribunal to condemn Ertugrul Ahmet (ID 145699M), of 280, Triq ir-Repubblika, Valletta, and E.U. Brothers Limited (C 40881), of 280, Triq ir-Repubblika, Valletta, in solidum to pay the plaintiff company the sum of €3,763.53 which amount is due to the plaintiff company.
With costs and legal interests.
The case (Claim Number 448/14KPS) is deferred for the 18th February, 2015, at 12.30 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 239
239By a decree of the Small Claims Tribunal, of the 14th November, 2014, the publication of the following extract was ordered for the purpose of service in terms of Article 187 (3) of the Code of Organisation and Civil Procedure (Cap. 12).
Mobisle Communications Limited (C 24655), of Fra Diego Street, Marsa MRS 1501, filed a Claim, on the 1st August, 2014, whereby they asked the Tribunal to condemn Deacon Susan Elise (ID 53281A), of 96, Bullfinch Court, Flat 2, Triq l-Imħar, San Pawl il-Baħar, to pay the plaintiff company the sum of €289.64, which amount is due to the plaintiff company.
With costs and legal interests.
The case (Claim Number 538/14KPS) is deferred for the 19th February, 2015, at 12.30 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 240
240By a decree of the Small Claims Tribunal, of the 14th November, 2014, the publication of the following extract was ordered for the purpose of service in terms of Article 187 (3) of the Code of Organisation and Civil Procedure (Cap. 12).
Go plc (C 22334), of Fra Diego Street, Marsa MRS 1501, filed a Claim, on the 20th August, 2014, whereby they asked the Tribunal to condemn Ritchie Mary Mitchell (ID 54836A), of Poseidon Court, Flat 12, Ras il-Qawra, San Pawl il-Baħar, to pay the plaintiff company the sum of €364.36, which amount is due to the plaintiff company.
With costs and legal interests.
The case (Claim Number 580/14KPS) is deferred for the 19th February, 2015, at 12.30 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 241
241By a decree of the Small Claims Tribunal, of the 8th October, 2014, the publication of the following extract was ordered for the purpose of service in terms of Article 187 (3) of the Code of Organisation and Civil Procedure (Cap. 12).
Go plc (C 22334), of Fra Diego Street, Marsa MRS 1501, filed a Claim, on the 9th September, 2014, whereby they asked the Tribunal to condemn Doreen Chircop (ID 171462M), of 13, Flat 1, Triq l-Etna, Mellieħa, to pay the plaintiff company the sum of €1,003.94 which amount is due to the plaintiff company.
With costs and legal interests.
The case (Claim Number 646/14KPS) is deferred for the 19th February, 2015, at 12.30 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 242
242By a decree of the Small Claims Tribunal, of the 25th November, 2014, the publication of the following extract was ordered for the purpose of service in terms of Article 187 (3) of the Code of Organisation and Civil Procedure (Cap. 12).
Go plc (C 22334), of Fra Diego Street, Marsa MRS 1501, filed a Claim, on the 9th July, 2014, whereby they asked the Tribunal to condemn Gatt Martin Gerald (ID 330269M), of Siteplans, Block C, Flat 2, Triq is-Sajjied, San Pawl il-Baħar, to pay the plaintiff company the sum of €852.66, which amount is due to the plaintiff company.
With costs and legal interests.
The case (Claim Number 442/14KPS) is deferred for the 18th February, 2015, at 12.30 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 243
243By means of a decree given by the First Hall Civil Court, on the 23rd January, 2015, in the records of the Sworn Application, in the names Federated Mills plc vs Agius Carmel, sive Charles et, application number 1156/14 LM, the following publication was ordered for the purpose of service of the respondents 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 Federated Mills plc (C 15903) vs Carmel, sive Charles (ID 246273M) and Ruth (ID 375373M), spouses Agius, on the 18th December, 2014, the applicant company Federated Mills plc asked the respondents to state why this Honourable Court should not:
Declare and decide that the respondents failed to come forward without any valid reason at law to the final deed of sale and purchase of the garage internally and not officially marked three in a private entrance which leads to a complex of garages accessible from number ninety-two (92), Victory Street, Ħal Qormi, which garage borders on the West with the entrance mentioned, and on the South and North with property of the successors of Joseph Gaffarena and Architect Emanuel Zammit, free and unencumbered, with all its rights and appurtenances, and uphold the other demands in the application.
With costs and interest as demanded against the respondents summoned so that a reference to their evidence be made.
Respondents: Carmel, sive Charles (ID 246273M) and Ruth (ID 375373M), spouses Agius, residing 79, Aquila, Triq id-Drama, Ħal Qormi.
The Sworn Application in the names Federated Mills plc vs Agius Carmel, sive Charles et, application number 1156/14 LM, has been deferred for hearing to the 17th February, 2015, at 9.15 a.m.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Notice 244
244By means of a decree given by the First Hall Civil Court (Constitutional Jurisdiction), on the 21st January, 2015, in the records of the Sworn Application, in the names Azzopardi Josephine pen et vs the Honourable Prime Minister et, application number 96/14 MCH, the following publication was ordered for the purpose of service of the respondents Jane Muscat and Alexandra Baker in terms of Article 187 (3) et. seq. of Cap. 12.
By means of a Sworn Application filed in the First Hall Civil Court (Constitutional Jurisdiction), in the names Josephine Azzopardi in her own name as well as mandatary of the absent Anna Maria Saddemi, Patricia Anastasi and Greta Bartolo Parnis vs the Honourable Prime Minister, the Minister of Culture and Justice, and by a decree of the 21st January, 2015, of the Court above mentioned, the name of the Minister of Culture and Justice is to be substituted by this, Minister of Justice, Culture and Local Government, the Attorney General and Jane Muscat and Alexandra Baker, on the 13th November, 2014, the applicants asked this Honourable Court:
To declare that in view of the facts exposed in the application the rights of the applicants to property for non discrimination and fair hearing were violated, and this as protected by articles of the European Convention (Art. 6, 14 of the Convention and/or Art. 1 of the First Protocol of the same), as well as the Constitution of Malta, namely Articles 38, 39 and/or 45 respectively, and consequently give all those opportune and effective remedies demanded in this application.
With costs against the respondents or either of them summoned so that a reference to their evidence be made.
Service: Alexandra Baker, 26c, St Julian’s Court, Triq is-Sur Fons, San Ġiljan.
Jane Muscat, 26c, St Julian’s Court, Triq is-Sur Fons, San Ġiljan.
The Sworn Application in the names Azzopardi Josephine pen et vs the Honourable Prime Minister et, application number 96/14 MCH, has been deferred for hearing to the 18th February, 2015, at 9.00 a.m.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Notice 245
245By a decree given by the Civil Court First Hall, on the 5th February, 2015, on the application of Regina Auto Dealer Limited, Tuesday, 10th March, 2015, at 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 residential property and garage named ‘Icona’, in Triq il-Qattus, Birkirkara, subject to a non revisible annual and perpetual groundrent of nine Euro and thirty-two cents (€9.32), valued at one hundred and fifty thousand Euro (€150,000).
The garage named ‘Gordon Motor Repair’, in Triq in-Nassab, Ħal Qormi, valued at ninety thousand Euro (€90,000).
The said tenement is the property of Gordon Camilleri.
N.B. The said tenement will be sold as described in the judicial sales act 49/14.
Rudolph Marmarà
For the Registrar Civil Courts and Tribunals
Notice 246
246By means of a decree given by the First Hall Civil Court, on the 18th November, 2014, in the records of the Application, Adv. Nicolai Vella Falzon (ID 114474M), as duly authorised as special mandatary of Deutsche Bank Nederland NV vs Bergen Shipping Limited et, Application number 643/2014 SM, the following publication was ordered for the purpose of service of the companies Skagen Shipping Limited, Hagen Shipping Limited, Ahilleos Maritime Limited, Linden Shipping Limited and Edmond Mugliette noe in terms of Article 187 (3) et. seq. of Cap. 12.
In the First Hall Civil Court
Advocate Dr Nicolai Vella Falzon (ID 114474M), as duly authorised as special mandatary of Deutsche Bank Nederland NV (previously NEW HBU 11 NV), of De entrée 99-197, 1101 HE Amsterdam Zuidoost, Olanda, vs (1) Bergen Shipping Limited (C 31901); (2)Marten Shipping Limited (C 27390); (3) Skagen Shipping Limited (C 22480); (4) Hagen Shipping Limited (C 43282); (5) Linden Shipping Limited (C 34552); (6) Norden Shipping Limited (C 31899); (7) Vengen Shipping Limited (C 31897); (8) Ahilleos Maritime Limited (C 22449), all of 126, Atocia Street, Ħamrun, and (9) Edmond Mugliette (ID 661762M), of 126, Atocia Street, Ħamrun, as curator on behalf and in representation of the foreign company Aspen Maritime Investment Inc., a company registered in the Marshall Islands with an official address, The Trust Complex, Ajeltake Road, Ajeltake Island MH 96960, Marshall Islands.
Application of Adv. Dr Nicolai Vella Falzon nomine
Respectfully pleads
That the interpellant is duly authorised to present this application in the name and in representation of the applicant Bank Deutsche Bank Nederland NV by means of a power of attorney issued and signed in his favour on the 4th June, 2014, a copy of which is hereby attached and marked ‘Doc. DB1’.
That this application is being made in terms of Regulation 17 et sequitur of the Rules Regarding the Practice and Procedure of Courts and Good Order (LS 12.09), and of the Council Regulations (KE) number 44/2001, of the 22nd December, 2000, regarding jurisdiction and recognition and execution of judgements in civil and commercial matters.
That by means of a judgement of the District Court of Rotterdam (Rotterdam District Court), given on the 24th June, 2014, (an official copy and translation in the English language hereby annexed and marked (Doc. DB2), the applicant Bank was confirmed a creditor of the respondents in solidum in the amount of twenty-two million, one hundred sixty-one thousand, nine hundred thirty-eight American Dollars (USD 22,161,938), besides annual compound interest at a three month rate LIBOR + 4.25% + 3% calculated from the 15th March, 2014, till the date of effective payment, as well as the amount of twenty-one thousand, three hundred and five American Dollars (USD 21,305), together with annual compound interest at a three month rate EURIBOR + 4.25% +3% calculated from the 15th March, 2014, till the date of effective payment, as well as the costs of the cause in the same names in the amount of one thousand five hundred and one Euro and fifty-two cents (€1,501.52).
That for the purposes of Regulation number 44/2001 KE (namely Article 54 and 55 of the same Regulation), the interpellant nomine is exhibiting with this application the certificate mentioned in the Annex V of Regulation number 44/2001/KE regarding a judgement of the District Court of Rotterdam dated 24th June, 2014 ( Doc. DB3).
That in terms of Article 32 of the Regulation number 44/2001/KE, the judgement mentioned is to be recognised and should be executable in Malta without the necessity of a special procedure, and should be declared executable immediately on the completion of the formalities in Article 53 of the same European Regulation, and namely as soon as a party presents an application like the present one, and produces a copy of the order or decision as annexed with this application.
That the applicant has an interest to execute the judgement mentioned against the respondents or either of whom in Malta.
Thus and for the reasons above premised, the interpellant nomine prays with respect that this Honourable Court orders the execution in Malta of the judgement of the District Court of Rotterdam (Rotterdam District Court), given on the 24th June, 2014, and authorise the same applicant nomine to execute the same against the respondents or either of whom with the all faculties and rights that Maltese Law grants for the execution of judgements in Malta.
With all costs, including those of this application against the respondents.
List of Documents
Doc. DB1. A copy of the power of attorney dated 4th June, 2014.
Doc. DB2. An official copy and translation to the English language of the judgement of the District Court of Rotterdam (Rotterdam District Court), given on the 24th June, 2014.
Doc. DB3. Annex V of the Regulation number 44/2001/KE regarding the judgement of the District Court of Rotterdam dated 24th June, 2014.
Service: Skagen Shipping Limited, The Rose Cottage, Karm Galea Street, Birkirkara.
Hagen Shipping Limited, The Rose Cottage, Karm Galea Street, Birkirkara.
Ahilleos Maritime Limited, The Rose Cottage, Karm Galea Street, Birkirkara.
Linden Shipping Limited, The Rose Cottage, Karm Galea Street, Birkirkara.
Edmond Mugliette noe, The Rose Cottage, Karm Galea Street, Birkirkara.
Civil Court First Hall
Judge Silvio Meli, LLD, Dip. Stud. Rel. Dip. Can. Matr. Jur & Proc. Cert. Jur. & H.R. (Strasbourg) P.G. Dip. European Competition Law (King’s College, London), P.G. Dip. European Law (King’s College, London).
Writ of Summons number 643/2014 SM
Adv. Dr Nicolai Vella Falzon noe vs Bergen Shipping Ltd et.
The Court
Having seen the application
For the reasons brought forward, whilst revoking the preceeding decree dated 31st July, 2014, upholds the request of the applicant nomine dated 22nd July, 2014.
Sgd. Karen Bonello, Deputat Reġistrar, Courts of Justice, Malta.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Warrant of Prohibitory Injunction
247By means of a decree given by the First Hall Civil Court, on the 27th January, 2015, in the records of the Sworn Application, in the names D Peak Ltd vs Tawfik Issa Isslam, application number 39/15 JZM, 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, D Peak Limited (C 12224) against respondent Isslam Tawfik Issa (ID 20380A), on the 12th January, 2015, the applicant D Peak Limited (C 12224), premised and asked:
That the applicant company has an interess to safeguard its rights, and is thus asking this Honourable Court:
To prohibit and hold the respondent from in any manner enrolling a privilege and/or charge, and/or hypothec, or make any enrollment, or in any manner withold any transfer of the apartments from the block of building with the name The Peak Residence P3, New Street off St Catherine Street, Ħ’Attard.
That the applicant company appointed the respondent to carry out plastering works in its property, or its block, with the name The Peak Residence P3, New Street off St Catherine Street, Ħ’Attard.
That the applicant company paid the respondent in full as evidenced by the invoices and cheques annexed.
That one of the cheques hereby annexed amounts to Euro 1777.
That the respondent with bad intentions and by deceit changed the same amount by adding the sum in the cheque so that the figure reads Euro 4777.
That the applicant company when it came to know of this it reported everything to the Executive Police.
That the respondent is threatening that if the applicant company asks for a refund of the amounts unduly taken by him, he shall register a Privilege in a substantial amount on all the same block.
...........omissis...........
That the applicant company aware of all this is proceeding in this procedure to secure its rights, and hold the respondent from enrolling a privilege against it.
...........omissis...........
That thus, the applicant company prays that this warrant be immediately upheld on a provisional basis so that the relative authorities are notified, and the respondent be withheld from making the same enrollments.
Thus, the applicant humbly prays that this Honourable Court orders the issuing of a Warrant of Prohibitory Injunction.
Republic of Malta
Court Warrant
To the Court Marshall
Whereas the above application was presented, and there recur all the elements required by law for the under mentioned orders.
Given by the Civil Court First Hall with the witness of the Hon. Mr Justice Joseph Zammit Mckeon, LLD.
Applicant: D Peak Limited, Valley Road, Ħal Balzan.
Respondent: Isslam Tawfik Issa (ID 20380A), of Buontempo Estates, Flat 3,Valley Road, Ħal Balzan.
The Application Warrant of Prohibitory Injunction in the names D Peak Limited vs Isslam Tawfik Issa, application number 39/15 JZM, has been deferred to Thursday, 19th February, 2015, at 9.00 a.m.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals