Court Notices published in Govt. Gazette No. 19,518 of 31 December 2015

By means of a decree given by the First Hall Civil Court, on the 2nd November 2015, in the records of the Application, in the names HSBC Bank Malta plc vs Penza Concrete Services Limited (C 8282), Application 871/13 JPG, the following publication was ordered for the purpose of service in terms of Article 416 (1) of Chapter 12 of the Laws of Malta.

That the company HSBC Bank Malta plc presented a schedule of compensation in the records of the Judicial Sale (Immovables) in the names HSBC Bank Malta plc (C 3177) vs Penza Concrete Services Limited, on the 6th July 2012, whereby it premised that in the judicial sale above mentioned under the Authority of this Honourable Court, on Tuesday, 3rd July 2012, the applicant company bought ‘animo compensandi’ the property mentioned in this application of the 6th July 2012.

That by means of a note presented on the 9th March 2011, in terms of Article 333 of Cap. 12, the applicant company had registered itself to bid ‘animo compensandi’ in these procedures as it effectively did and in virtue of the said schedule presented on the 6th July 2012, it compensated the amount offered by it of four hundred and two thousand Euro (€402,000) with an equivalent sum from the credit due by the respondents herein mentioned, resulting from the same records of the judicial sale, saving however the right for the payment of the balance of this credit at a later stage.

That till this day the schedule is still pending before this Honourable Court due to the vexatious behaviour of one creditor who is expecting that an agreement is made with him when his credit is safeguarded by a registered hypothec on the 18th February 2009, and in virtue of this he expects to rank before a credit safeguarded with the two hypothecs mentioned in the application of the 20th September 2013, presented in these records above mentioned, Application number 871/13 JPG, in the names HSBC Bank Malta plc vs Penza Concrete Services Ltd.

That this behaviour has already caused delay to the Bank consisting in the loss of recovery of money due at the rate of 8% yearly on the price of €402,000, from the 3rd July 2012, and namely the date of adjudgement till the 17th September, 2013.

That various applications were presented and other acts were filed by the parties concerned in the records of these procedures above mentioned, and namely the Application HSBC Bank Malta plc vs Penza Concrete Services Ltd, application number 871/13 JPG.

That following various sittings held by the Court, in the course of these procedures, the Court above mentioned by means of a decree given on the 2nd November 2015, ordered the opening of the Competition of Creditors on the deposit above mentioned and fixed a sitting on Monday, 18th January 2016, at 10.00 a.m. for the hearing of the Competition of Creditors.

Thus whoever considers that he has an interest is called to bring forward his rights on the deposit above mentioned by means of an application within one month in the manner provided by law. When this time shall lapse, no one who shall not have proceeded in the manner provided by law can stop, or otherwise hold the competition of creditors from being decided between those who have appeared.

Thus whoever considers that he has an interest and whoever has brought forward his rights according to law, is to appear during the sitting of Monday, 18th January 2016, at 10.00 a.m. presided by the Hon. Madam Justice Jacqueline Padovani Grima.

ADV. FRANK PORTELLI, LLD

For the Registrar Civil Courts and Tribunals

By means of a decree given on the 14th October 2015, by the Rent Regulation Board, in the records of the Application, in the names Fava Maria Aurora et vs Borg Valerie, application number 86/15 MV, the following publication was ordered for the purpose of service of the defendant in terms of Article 187(3) et. seq. of Cap. 12.

By means of an Application in terms of Article 16A of Cap. 69 of the Laws of Malta, filed in the Rent Regulation Board, in the names Maria Aurora, wife of Reginald Fava (ID 331238M), Rosette, widow of Richard Pace Axiaq (ID 84136M), Martin Bezzina Wettinger (ID 472966M), Stephanie Bezzina Wettinger, wife of Kevin Attard (ID 69672M), Carmen, widow of Benigno Zammit (ID 699637M), Josephine, wife of John Tabone (ID 20743G), Orland Bonavia (ID 278470M), Paul Bonavia (ID 507165M), Kevin Bonavia (ID 279669M), Duncan Bonavia (ID 501374M), and Josephine, widow of Paul Bonavia (ID 132739M) vs Valerie Borg (ID 728756M), on the 11th September 2015, the applicant Maria Aurora, wife of Reginald Fava et asked this Honourable Board:

1. To decide this cause without proceeding to a hearing in terms of Article 16A of Cap. 69 of the Laws of Malta, to declare the respondent Valerie Borg in delay in the payment of two instalments of rent in violation of Article 9(a) of Cap. 69 of the Laws of Malta, and uphold the other demands in the application, amongst which that the applicants take back possession of the premises number 43A, previously known as 43C, St Paul’s Bldgs, Flat 3, Triq il-Punent, Valletta, and uphold the other demands in the application.

With costs.

Respondent: 1. Valerie Borg, 43A, St Paul’s Bldgs, Flat 3, Triq il-Punent, Valletta.

ADV. FRANK PORTELLI, LLD

For the Registrar Civil Courts and Tribunals

By means of a decree given by the First Hall Civil Court, on the 21st October 2015, in the records of the Sworn Application, in the names Pace Gouder Lucienne vs Flores Martin Mark et, application number 767/15 LM, the following publication was ordered for the purpose of service of the respondents Mark and Josephine Flores Martin 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 Lucienne Pace Gouder (ID 349380M) vs Mark Flores Martin (ID 288187M) and Josephine Flores Martin (ID 186854M) and Gasan Mamo Insurance Limited (C 3143), on the 11th August 2015, the applicant Lucienne Pace Gouder (ID 349380M) asked this Honourable Court:

1. To declare the defendants or either of whom solely responsible for the car incident which occurred in Triq Mikiel Anton Vassalli, St Julians, on the 25th February 2012, whilst the defendant was driving the vehicle with registration number MFM 111, for the consequential damages suffered by the applicant, and uphold the other demands in the application, amongst which the payment of the amount liquidated as damages.

Notify Respondents: 41, Marina Flat 1, Triq Sir Augustus Bartolo, Ta’ Xbiex.

The Sworn Application in the names Pace Gouder Lucienne vs Flores Martin Mark et, application number 767/15 LM, was deferred for hearing to the 4th February 2016, at 9.00 a.m.

ADV. FRANK PORTELLI, LLD

For the Registrar Civil Courts and Tribunals

IT IS BEING NOTIFIED that by a decree dated 28th December, 2015 given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry – (Magistrate Dr Natasha Galea Sciberras, LLD) Compilation number 963/2015 in the case: 

The Police 

(Inspector Jonathan Ferris)

(Inspector Matthew Vella)

Versus:

JORDAN AZZOPARDI, 26 years, employee, son of Ivan and Jennifer Anne née Meldrum, born in Tal-Pietà, Malta, on the 26th August 1989, residing at ‘Stoneybrook’, Olive Street, Iklin, Malta, and holder of Maltese Identity Card bearing number 405889M;

NAOMI TANTI, 21 years, Casino employee, daughter of Michael and Sharon née Mangion, born in Tal-Pietà, Malta, on the 12th April 1994, residing at number 28, Pope Urban VIII Street, Birkirkara, Malta, and holder of Maltese Identity Card bearing number 190294M;

AND

SILVIO CAMILLERI, 31 years, unemployed, son of Carmel and Gemma née Camilleri, born in Tal-Pietà, Malta, on the 10th March 1984, residing at number 5, Alley Three, Valley Road, Birkirkara, Malta, and holder of Maltese Identity Card bearing number 163884M. 

ORDERED the attachment in the hands of third parties in general of all monies and other movable property due to or pertaining or belonging to JORDAN AZZOPARDI, NAOMI TANTI and SILVIO CAMILLERI, and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property and this according to Article 5 of Cap. 373 of the Money Laundering Act of the Laws of Malta, in accordance with Article 23A of Cap. 9 of the Laws of Malta.

The Court AUTHORISED the said accused to continue to receive the amount that does not exceed thirteen thousand nine hundred and seventy six Euro and twenty four cents (€13,976.24c) each per year.

MARVIC PSAILA

Deputy Registrar Criminal Courts and Criminal Tribunals (Malta)

By means of a decree given by the Civil Court First Hall, on the 6th November 2015, in the records of the Sworn Application, in the names Busuttil Susan vs Busuttil Saviour et noe et, Application number 786/15 MAH, 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 Susan Busuttil (ID 123762M) vs Saviour Busuttil (ID 456665M) in his own name and as representative of Salvu Busuttil Construction and Simsal Properties Ltd (C 35844) and C.J. Shipping Ltd (C 46751), on the 17th August 2015, the applicant Susan Busuttil respectfully pleaded:

That the applicant demanded for the issuing of a warrant of prohibitory injunction against the respondents in order to secure her rights from transferring the shares in any manner of the respondent companies Simsal Properties Ltd (C 35844) C.J. Shipping Ltd (C 46751) and the respondent Saviour Busuttil proprio and as representative of Salvu Busuttil Construction, as well as to withhold the same respondents from transferring by any onerous or gratuitous title the immovable assets of the same respondent companies and the respondent.

That the applicant demanded the issuing of a warrant of prohibitory injunction on movables belonging to the community of acquests.

That the same warrant was confirmed by its decree of the 31st July 2015, copy annexed Doc. A.

That the applicant instituted separation proceedings against her husband the respondent.

That the assets both movable and immovable form part of the community of acquests, and till this warrant is in force her rights are not prejudiced.

That this warrant should remain in force during these separation proceedings and till these become res judicata.

Thus, the applicant humbly prays that this Honourable Court, whilst confirming her decree of the 31st July 2015, is to keep in force the same warrant in view of the separation proceedings and till this becomes res judicata, as the merit of the warrant of prohibitory injunction forms a substantial part of the community of acquests.

List of Witnesses

List of Documents

Defendants: 61, Windmill, Triq Santa Marija, Żabbar.

The Sworn Application in the names Busuttil Susan vs Busuttil Saviour et noe et, application number 786/15 MAH, has been deferred for hearing to the 25th January 2016, at 9.00 a.m.

ADV. FRANK PORTELLI, LLD

For the Registrar Civil Courts and Tribunals

Republic of Malta

To The Marshall of the Court

By means of a decree by this Court, on the 23rd November 2015, following a request of Catherine Vella, it was ordered that Deputy Curators be chosen to represent the unknown owners, in the records of the Schedule number 1729/15, in the names Catherine Vella vs Deputy Curators and in the relative and subsequent acts.

By means of a Schedule of Deposit and Redemption of Groundrent of Catherine Vella (ID 112953M) filed in the First Hall Civil Court, in the names Catherine Vella (ID 112953M), daughter of the late Carmelo Caruana and Maria née Calleja, born in Birkirkara and residing at Flat 9, Block G, Jean Howell Street, Ta’ Ġiorni, St Julians vs ... as Deputy Curators to represent the unknown superior owners of the groundrent burdening the premises or rather 78, Triq il-Fuxa, limits of San Ġwann, on the 20th November 2015, the interpellant Catherine Vella (ID 112953M) respectfully pleaded:

That the interpellant is the owner of the premises or rather 78, Triq il-Fuxa, limits of San Ġwann, consisting in a small garden, yard and room which is used for the breeding of rabbits, which premises has an area of circa (100.87 sq. m.) bordering on the West with Triq il-Fuxa, on the North with property of Francis Debono and on the East with property or rather 75, Triq Mensija, San Ġwann, or more correct boundaries, as subject to the annual and perpetual groundrent of (€1.57).

That the interpellant acquired the property above mentioned from the inheritance of her father Carmelo Caruana, by means of a declaration causa mortis of the 6th August 2004, in the records of Notary Doctor Clinton Bellizzi.

That the interpellant wishes to avail herself of the faculty given to her by the provisions of Artricle 1501 et. seq. of the Civil Code (Cap. 16) of the Laws of Malta, and is thus depositing under the Authority of this Court, the sum of (€31.40) price of redemption of groundrent above mentioned capitalised at 5% so that this sum be withdrawn by the respondents after the due receipt is left.

Interpellant; Flat 9, Block G, Jean Howell Sreet, Ta’ Ġiorni, St Julians.

Respondents: Deputy Curators.

Notify: 1. Director Public Registry, Merchants Street, Valletta.

2. Land Registrar, Casa Bolino, West Street, Valletta.

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 Silvio Meli, LLD, Doctor of Laws.

ADV. FRANK PORTELLI, LLD

For the Registrar Civil Courts and Tribunals