Mur Lura
Court Notices published in Govt. Gazette No. 19,694 of 12 December 2016
01/01/2016
Notice 1781
1781By adecree given on the 10th October, 2016, 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 Organization and CivilProcedure (Cap. 12).
Bydecree given by the Civil Court, First Hall on the 18th October, 2016, on theapplication of Camilleri Christopher (ID 209084M), Thursday, 19th January,2017, at eleven in the morning (11.00 a.m.), to be held on the First Floor,Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:
Thestable officially marked with number thirteen (13) in Aloisio Street, ĦalQormi, partly underlying the property of third parties, free and unencumbered,with all its rights and appurtenances, with vacant and guaranteed possessionvalued at fifty-five thousand euro (€55,000);
Groundfloor property including its airspace, officially marked number one hundred andone (101), known by the name of Carmen House, situated in Upper Cross Road inMarsa, subject to a perpetual annual rent of eleven euro and sixty four cents(€11.64), with all its rights, valued at seventy thousand euro (€70,000).
Thesaid tenement is the property of Spiteri Pierre (ID 354771M).
N.B.The said tenement will be sold as described in the Judicial File 67/2015.
Rudolph MarmarÀ
For theRegistrar of Civil Courts and Tribunals
Notice 1782
1782Bymeans of an application filed in the Civil Court of Voluntary JurisdictionSection, on the 28th October, 2016, Application number 1119/2016 by Doloressive Doris Barbara and others whereby they prayed that it be declared open infavour of the heirs of Manuel Barbara that is Dolores sive Doris Barabara inthe quota of one half (1/2) undivided share and the remaining one half (1/2)undivided share in favour of the heirs of Vincent Barbara that is Juan Bartolo,Angela Bonnici and Emanuela Micallef the Succession of Tommaso Bartolo, widowerof Carmela née Ellul at times known as Farrugia, born and resided in Żejtun anddied in Ħal Luqa on the 20th September, 1966, aged 91, intestate.
Wherefore,any person who considers to have an interest in the matter is hereby calledupon to appear before the said Court and to bring forward his objections heretoby a minute to be filed within fifteen days from the posting of the banns andnotices according to law.
Alexandra Debattista
For theRegistrar Civil Court and Tribunals
Notice 1783
1783Bydecree given by the Civil Court, First Hall on the 15th November 2016, on theapplication of Borg Darren (ID 22092M), Wednesday, 18th January, 2017, ateleven in the morning (11.00 a.m.), has been fixed for the Sale by Auctionordered, to be held at 447, Triq San Ġużepp, Santa Venera of the followingitems seized from the property of Geomike Limited (C 8820)
Tables,chairs, bar cooler, stainless steel fridge cupboards, coffee machine, cups,saucers, plates, glasses, teapots, milk jugs, lcd’s, fridges, chidrens’ chairs,dishwashers, stainless steel sinks, grills, digital scale, mincer, cheesegrater,slicer, food processor, oven, microwave, cupboards, hob with fourburners, pasta boiler, cooker hoods, pizza oven and other objects.
Thesaid objects are property of Geomike Limited (C 8820)
Theobjects will be sold as described in the Judicial Sales Act 32/2014.
Rudolph MarmarÀ
For theRegistrar of Civil Courts and Tribunals
Notice 1784
1784Bydecree given by the civil court, first hall on 23rd November 2016, on theapplication of HSBC Bank Malta plc (C 3177), Thursday, 26th January, 2017, atnoon (12.00 p.m.) for the Sale by Auction, to be held on the First Floor,Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:
Shopofficially numbered seven hundred and twenty (720) in Triq il- Kbira, Ħamrun,without airspace underlaying property of third. The shop has a common rainwaterand drainage system with the overlaying property and is subject to servitudeswhich result from the said position.The property is subject to an annual groundrent of four hundred and sixty seven euro and eighty seven cents (€467.87)valued at two hundred and fifty five thousand euro (€255,000);
Shopofficially numbered seven hundred and twenty one (721) in Triq il- Kbira,Ħamrun. The shop is subject to servitudes which result from the said positionfree and unencumbered valued at one hundred and thirty two thousand euro(€132,000).
Thesaid tenement is the property of Risea Limited (C 30901).
N.B.The said tenement will be sold as described in the Judicial Sales Act 49/2013.
Rudolph MarmarÀ
ForRegistrar Civil Courts and Tribunals
Notice 1785
1785Byjudgement given by Arbitration Tribunal of Inheritance, on the 9 of February2012, on application number 05/05 DC in the names Sacco Carmelo and (ID856735M) et vs Sacco Victor (ID 636345M) et and by decree given on the 7thNovember, 2016, by Civil Court, First Hall, 24th January, 2017, has beenaffixed for Sale by Auction to be held on the First Floor, Courts of Justice,Triq ir-Repubblika, Valletta, of the following property:
Theproperty numbered eighty nine slash ninety three (89/93) previously numberedseventy seven slash seventy nine (77/79) in Triq San Benedittu, Ħal Kirkop,valued at eighty three thousand eight hundred and fifty seven euro and fortyfour cents (€83,857.44);
Theproperty numbered ninety one (91) previously numbered seventy-eight (78) inTriq San Benedittu, Ħal Kirkop, valued at sixty nine thousand eight hundred andeighty one euro and twenty cents (€69,881.20);
Halfundivided share of property, numbered one hundred and fifteen(115) previouslynumbered eighty sixth (86), named ʻSt Helen’, in Triq San Benedittu, ĦalKirkop, valued at forty four thousand, two hundred and fifty eight euro and tencents (€44,258.10);
Propertynumbered one hundred and seventeen (117) previously numbered eighty seven (87)in Triq San Benedittu, Ħal Kirkop, valued at one hundred and seventy fourthousand, seven hundred and three euro (€174,703);
Propertynumbered three (3) in Triq iż-Żebbiegh, Ħal Kirkop, valued at eighty onethousand, five hundred and twenty eight euro and seven cents (€81,528.07);
The fields known as Tal-Midri in Triq San Ġwann, Żurrieq,measuring approximately thirteen thousand, two hundred and twenty two squaremeters (13,222m.s.), valued at two hundred and seventy thousand, two hundredand eight euro (€270,208).
The said tenements are property of Sacco Carmelo (ID856735M), Zammit Catherine (ID 839037M), Schembri Carmela (ID 223932M),Camilleri Francesca (ID 236147M), Ciantar Maria Assunta (ID 703948M), SaccoVictor (ID 636345M), Sacco Alfred (ID 391366M), Sacco Joseph (ID 391366M),Sacco Mario (ID 115463M), Saliba Camela (ID 526953M), Calleja Antonia (ID508354M), Sacco Leonard (ID 317956M), Sacco Bartolomeo (ID 92258M), Sacco Dianeand Sacco Josephine heirs of Salvatore Sacco, Sacco Suor Maria (Pass. Nru443591), Zammit Catherine (839037M), Sacco Jimmy (ID 59474M) and Sacco Paul (ID455559M).
N.B.The said tenement will be sold as described in the Acts of Judgement given onthe 9th February, 2012, and the Judicial Sales Act 28/16.
Rudolph MarmarÀ
For Registrar Civil Courts and Tribunals
Notice 1786
1786By adecree given on the 23rd June, 2016 by the Civil Court First Hall, the Courtordered that the extract hereunder mentioned be published for the purpose ofservice according to Article 187 (3) of the Code of Organization and CivilProcedure (Cap. 12).
Bydecree given by the Civil Court, First Hall on the 23rd November, 2016, on theapplication of Bank of Valletta plc (C 2833), Tuesday, 31st January, 2017, from9.00 a.m. to twelve noon (12.00 p.m.) has been fixed for the Sale by Auction tobe held on the First Floor of these Law Courts, Triq ir-Repubblika, Valletta,of the following property:
Housenamed ‘La Rochelle’ in Triq in-Nissieġ, Ħaż-Żabbar, subject to an annual andperpetual ground rent of ninety seven euro and eighty three cents (€97.83),valued at two hundred and forty five thousand euro (€245,000).
Thesaid property belongs to Alfred (ID 667661M) and Marie Louise (ID 633762M)spouses Vella.
N.B Thesaid tenement will be sold as described in the acts of the judicial sales filenumber 56/08.
Marvic Farrugia
For TheRegistrar Civil Courts and Tribunals
Notice 1787
1787By adecree given on 11th February, 2015 by the Civil Court First Hall, the Courtordered that the extract hereunder mentioned be published for the purpose ofservice according to Article 187(5) of the Code of Organization and CivilProcedure (Cap. 12).
By theapplication filed in the Civil Court First Hall on the 23rd October, 2014, byBank of Valletta plc (C 2833), application number 64/14 in the names Bank ofValletta plc (C 2833) vs Amity Development Limited (C37831) being asked thatthe Court orders the sale by auction of the:
i)Block of shell form apartments consisting of penthouses with three bedrooms, two apartments with threebedrooms on the third floor, two apartments with three bedrooms on the secondfloor, two apartments with three bedrooms on the first floor, small garage andeight (8) cars garage at ground floor level. The said block was built on landwhere previously was built the maisonette with its airspace and officiallynumbered one hundred and eighty six (186) named ‘Cobbles’, in St Philip, Birżebbuġaand subject to annual and perpetual ground rent of forty six euro andfifty-eight cents (€46.58) commenced from twenty second (22) of November onethousand, nine hundred and ninety three (1993) and payable with one year inreturn. The said maisonette was overlying third parties property free andunencumbered with all its rights and appurtenances. The said maisonette boundedon east by the same street, north by property of Angelo Galea and south byproperty of Rozina Farrugia. The said block is also built on airspace abovestreet level overlying drive into basement level of approximately measurementof thirty-five (35) feet by thirteen (13) feet and cioè thirty-nine point sevensquare meters (39.7m²), which area is bounded by the building expect for oneside only, which reaches the point between the garage of Saviour and the garageof Toni Cachia and from the other end abuts on a field leased by Frances Gauciand on the west by property of Frances Gauci with all its rights and with theannual and temporary ground rent of nineteen euro and ninety cents (€19.90)which rent is revisable every twenty five (25) years from the thirty ofSeptember of the year one thousand, nine hundred and eight-one (1981) the restis free and unencumbered with all its rights and appurtenances.
ii)Maisonette at ground floor level, three (3) car garage at ground floor level,twelve (12) car garage and a small garage at semi basement level, all are semifinished. The said maisonette and garages are built on portion of land thatbefore was built the tenement named ‘Rustica’ in Triq Notabile, Ħ’Attard, theportion of land bounded on the South East by the said road, West by property ofJoseph and Carmen Mifsud, North West by property of Alfred Grech or hissuccessors in title, free and unencumbered with all its right andappurtenances.
iii)Two bedroom (2) penthouse built on a block of four (4) apartments which blockis officially numbered seventeen (17) named ‘Mdina View Court’ in Triqil-Larinġ, Attard. The said block is built on plot number twenty (20) from theland of tal-Bajdun, Attard and including with the penthouse is the share fromthe common parts all pro rata including the system of drains and drainage, freeand unencumbered with all its rights and appurtenances, servitudes subject toactive and passive resulting from its relative position.
Garage,unnamed and unnumbered, but privately numbered five (5) underlying flat number(4) situated in a basement of eight (8) garages accessible including its shareof the ramp and the common parts accessible from a common ramp, which entranceis unnumbered and is on Triq il-Larinġ, Attard. The said garage is the secondgarage on the right when entering into the basement from the drive in and has abackyard with a window in it; the backyard has all the dains for the rainwater.The said garage is bounded by all compass points with the estate of spousesBriffa or their successors.
vi)Garage in shell form, unnumbered officially and name of ‘Mariella’, previouslyknown as ‘Salvu Garge, in Triq Luigi Rosato, known as Triq Wiġi Rosato andformerly known as new road in Triq San Mikiel, Bormla, free and unencumberedwith all its right and appurtenances. The said garage bounded on East with thesaid street, Southwest by William Street and Northwest by Dr Daniel Piscopo.
v) Shellform shop, unnumbered officially and name of ‘Mariella’, previously known as‘Salvu Garge, in Triq Luigi Rosato, known as Triq Wiġi Rosato and formerlyknown as new road in Triq San Mikiel, Bormla, free and unencumbered with allits right and appurtenances. The said garage bounded on East with the saidstreet, Southwest by William Street and Northwest by Dr Daniel Piscopo.
Thesaid tenement is the property of Amity Development Limited (C 37831).
Marvic Farrugia
For theRegistrar, Civil Courts and Tribunals
Notice 1788
1788Bymeans of a decree of the 19th August, 2016, handed down by the Court ofMagistrates (Malta) in the records of the judicial letter number 1426/2016 inthe names Paul Sleath vs Maltese Line Limited et the following publication wasordered for the purpose of effecting service in terms of Article 187(3) et seqof Cap. 12.
In theCourt of Magistrates (Malta)
ToMaltese Line Limited (C 54002) of 185, Triq Hompesch, Fgura.
JohnFarrugia (ID 484811L) of 89, Flat 2, Triq tal-Ġebel, Birżebbuġa, Malta.
By thepresent, Paul Sleath (Passport No. GBR 707809474) of Tas-Sellum Residence,Block 1, Apt 141, Dawret it-Tunnara, Mellieħa, whilst making reference to yourengagement to take care of the delivery of a vehicle from America to Malta, issoliciting you, or any one of you to pay to American Worldwide Agency theamount requested by such agency because the interpellant already paid all thatis due to you or either of whom.
Theinterpellant shall keep you responsible from when the payment due to you wasdone and for any damages that there may be in his regard.
Indefault, the interpellant is reserving the right to take all the necessaryjudicial proceedings by way of damages against you.
So muchso you may be guided accordingly according to law
Withcosts and interest against you
Thisjudicial letter is being sent in terms of the dispositions of Cap. 12 of theLaws of Malta.
Withcosts and commercial interests till the date of effective payment and with theapplication where it is possible of the dispositions of Legal Notice 233 of2005
Alexandra Debattista
For theRegistrar, Civil Courts and Tribunals
Notice 1789
1789Bymeans of a decree of the 13th June, 2016, of the Civil Court First Hall in therecords of judicial letter number 1237/2016, in the names Commissioner forRevenue vs Kidsline Limited, the following publication for the purpose ofservice was ordered in terms of Article 187 (3) of Cap. 12.
In theFirst Hall of the Civil Court
ToKidsline Limited (C 25614) of 3, Triq Dun Miju Zarb, Ħaż-Żebbug, Malta.
By thepresent the Commissioner for Revenue of Centre Point Building, Triq Ta’ Paris,Birkirkara, calls upon you in terms of Article 59 of Act XXIII of 1998 so thatwithin two (2) days from the service of this act, you pay the amount of €131,987.50 representing amount due by you as Value Added Tax according to the sameAct.
Withcosts and interest according to the said Act XXIII of 1998 till the date ofeffective payment.
Thiscalling is being made for all intents and purposes of law, particularly, butnot exclusively, in order to render executable the executive title which theCommissioner for Revenue has against you by means of a Notice sent to you.
Indefault, the interpellant informs you that he shall pass to execute the said executivetitle he has against you by means of the opportune warrants.
So muchso that you may know how to regulate yourself .
Alexandra Debattista
For theRegistrar, Civil Courts and Tribunals
Notice 1790
1790Bymeans of a decree of the 25th July 2016 handed down by the Court of Magistrates(Malta) in the records of the judicial letter number 718/2016 in the namesAutomated Revenue Mangement Services Limited vs Walter Zammit the followingpublication was ordered for the purpose of effecting service on theinterpellant in terms of Article 187(3) of Cap. 12.
In theCourt of Magistrates (Malta)
ToWalter Zammit (ID 499748M) of 93, Triq San Ġwann, Valletta.
By thepresent, Automated Revenue Management Services Limited (C 46054) of GattardHouse, Triq Nazzjonali, Blata l-Bajda, Malta, in its own name and on behalf ofEnemalta plc and Water Services Corporation, notifies with the attached sworneddeclartion marked as Document A for all the purposes and effects of Article 466of Cap. 12 of the Laws of Malta and solicits you to pay the amount of €9,359.97which amount is sure, liquid and due and respresenting the balance due for theconsumption of water and electricity, rent of water and electicity meter,administrative fees, connection and disconnection fees, together with interestdue on the Ammount according to Law, which Ammount consists of the following:
1. Asfor bill holding number 101000032616 the amount of €168.71 for the premiseswith address 30,Richline, Triq Ġużè Howard, Tas-Sliema; and
2. Asfor bill holding number 101000062607 the amount of €1,737.73 with address 69,Il-Kejla, Triq is-Sidra, Swieqi; and
3. Asfor bill holding number 411000068854 the amount of €7,453.53 with address SweetThing Shop, Triq is-Swieqi, Swieqi.
Despiteseveral solicitations by the applicant company for the payment of the amountdue, you remained in default and did not pay till the day of the filing of thisjudicial letter. In addition, there is no valid reason for your failure to payand you never contested the amount due.
Thisact is being sent to you for all the purposes and effects of law and in defaultof payment or opposition on your part within the time mentioned in Article 466Cap. 12 of the Laws of Malta, the applicant company shall proceed to enforcethis credit according to law.
Withcosts.
Alexandra Debattista
For theRegistrar, Civil Courts and Tribunals
Notice 1791
1791Bymeans of an application filed in the Civil Court of Voluntary JurisdictionSection, on the 8th November 2016, Application number 1177/2016 by Mary Taboneand Kevin Tabone whereby they prayed that it be declared open in their favourin the quota of one half (1/2) undivided part each one of them the Successionof Carmel Tabone, husband of the same Mary Tabone, son of the late Gaetano andMargaret née Zammit, born and resided in Hamrun and died in tal-Qroqq, Msida onthe 13th August, 2015, aged 64 holding identity card number 0259351M,intestate.
Wherefore,any person who considers to have an interest in the matter is hereby calledupon to appear before the said Court and to bring forward his objections heretoby a minute to be filed within fifteen days from the posting of the banns andnotices according to law.
Alexandra Debattista
For theRegistrar Civil Court and Tribunals
Notice 1792
1792Bymeans of an application filed in the Civil Court of Voluntary JurisdictionSection, on the 30th November, 2016, Application number 1296/2016 by RobertaHolland, Diane Marie Ersami and Irene Borg whereby they prayed that it bedeclared open in their favour in quota of one third (1/3) undivided share eachone of them the Succession of their brother Ralph (Ralph George) Farrugia,bachelor, son of Louis and Doris née Calleja, born in Ħ’Attard, resided inMellieħa and died in Tal-Qroqq, Msida, on the 14th June, 2016, aged 49 holdingidentity card number 0160667M intestate.
Wherefore,any person who considers to have an interest in the matter is hereby calledupon to appear before the said Court and to bring forward his objections heretoby a minute to be filed within fifteen days from the posting of the banns andnotices according to law.
Alexandra Debattista
For theRegistrar Civil Court and Tribunals
Notice 1793
1793Bymeans of an application filed in the Civil Court of Voluntary JurisdictionSection, on the 4th November 2016, Application number 1157/2016 by Joseph andVincent brothers Caruana whereby they prayed that it be declared open in theirfavour in quota of one half (1/2) undivided share each one of them theSuccession of their sister Carmela Caruana, unmarried, daughter of the latePietro and Maria née Scerri, born in Naxxar, resided in Naxxar where she diedon the 24th April, 2016, aged 76 holding identity card number 0767539Mintestate.
Wherefore,any person who considers to have an interest in the matter is hereby calledupon to appear before the said Court and to bring forward his objections heretoby a minute to be filed within fifteen days from the posting of the banns andnotices according to law.
Alexandra Debattista
For theRegistrar Civil Court and Tribunals
Notice 1794
1794Bymeans of an application filed in the Civil Court of Voluntary JurisdictionSection, on the 4th November 2016, Application number 1159/2016 by Dolores siveDoris Zammit and Kurt Zammit whereby they prayed that it be declared open intheir favour in equal shares between them the Succession of Raymond Zammit,husband of the same Doris Zammit, son of the late Joseph Zammit and Giovannanée Chetcuti, born in Floriana, resided in San Ġwann and died in Tal-Qroqq,Msida, on the 29th February, 2016, aged 74 holding identity card number0570741M, intestate.
Wherefore,any person who considers to have an interest in the matter is hereby calledupon to appear before the said Court and to bring forward his objections heretoby a minute to be filed within fifteen days from the posting of the banns andnotices according to law.
Alexandra Debattista
For theRegistrar Civil Court and Tribunals
Notice 1795
1795By adecree of the Court of Magistrates (Malta) of the 27th September, 2016, 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).
GO plc(C 22334) of Triq Fra Diego, Marsa, filed a Claim on the 3rd August 2016,whereby they asked the Court to condemn Staff Team Limited (C 60625) of 5,Block 13, Xatt il-Palm, Baħar iċ-Ċagħaq, Naxxar, NXR 5181, to pay the plaintiffcompany the sum of €13,166.24, which amount is due to the plaintiff company.
Withcosts and interests
Thecase (Notice Number 185/16CFF) is deferred to the 17th January, 2017, at 9.00a.m.
Alexandra Debattista
For theRegistrar, Civil Courts and Tribunals
Notice 1796
1796Bymeans of a decree of the 14th July 2016, in the records of the judicial letternumber 578/16, in the names HSBC Bank Malta p.l.c. vs Lorraine Maskell, theFirst Hall of the Civil Courts ordered the following publication for thepurpose of effecting service on the respondent in terms of Article 187(3) ofCap. 12.
Bymeans of a judicial letter filed in the First Hall of the Civil Courts againstLorraine Maskell (ID 292000L) of 5A, Restawyle, Sqaq San Ġwann, Nru 7, Żejtun,on the 19th February 2016, HSBC Bank Malta plc (C 3177) of 32, MerchantsStreet, Valletta, solists you so that within seven days you pay the sum of€65,934.89, representing the sum of €49,761.82 as the capital and as for thesum of €16,173.07 as interest due on the capital till the 8th January 2016,besides the legal interest with the rate of 8% per year on the capital sum fromthe 9th January 2016 till the date of effective payment, which amount is due byyou as as joint and several sureties of Tal-Ingliż Co. Limited.
Indefault further action will be taken against you in Court without any furthernotice.
So muchso that you may know how to regulate yourself
Thisletter is being filed as well to interrupt prescription and as such is requiredby law in terms of article 2128 of the Civil Code (Cap. 16 of the Laws ofMalta).
Withcosts
Alexandra Debattista
For theRegistrar, Civil Courts and Tribunals
Notice 1797
1797Bymeans of decree given on the 1st September, 2016, in the records of thejudicial letter number 2172/16, in the names Frank Borda Limited vsRaymondBezzina et, the First Hall ofthe Civil Court ordered the following publication for the purpose of service ofthe respondent in terms of Article 187(3) et seq of Cap. 12.
Bymeans of a judicial letter filed in the First Hall of the Civil Court againstRaymond Bezzina (ID 537262M), Maria Dolores sive Doris Bezzina (ID 170865M) andR. Bezzina Car Hire Company Limited(C17654) carrying on name under the name Ray Bezzina Car Hire of 15 Medina, TriqRamon Perellos, San Pawl il-Baħar,onthe 27th June, 2016, Frank Borda Limited C446 of Triq Testaferrata, Msida,attaches 110 bills of exchange of the value of €200 each and 142 bills ofexchange of the value of €193 each and by means of this present solicits you topay the sum of €49,406.
Thisjudicial letter is being sent in terms of Article 253(3) of Cap. 12 of the Lawsof Malta in which it declares that the bills of exchange or promissory notesare executive title and has the following proviso.
“Providedthat the court which is competent according to the value of the bill ofexchange or promissory note may, by decree which shall not be subject toappeal, suspend the execution of such a bill of exchange or promissory note inwhole or in part and with or without security, upon an application of theperson opposing the execution of such bill of exchange or promissory note, tobe filed within twenty days from the service of the judicial letter sent forthe purpose of rendering the same bill of exchange or promissory noteexecutable, on the grounds that the signature on the said bill of exchange orpromissory note is not that of the said person or of his mandatory or wheresuch person brings forward grave and valid reasons to oppose the said executionand in such case any person demanding the payment of the bill of exchange orpromissory note shall file an action according to the provisions of theCommercial Code. The judicial letter referred to above in this proviso shall,under pain of nullity, notify the debtor of the right given to him by thisproviso.”
Withcosts and interest
Alexandra Debattista
For theRegistrar, Civil Courts and Tribunals
Notice 1798
1798It ishereby being notified that the Court of Magistrates (Malta)by means of a decree of the 19th August,2016, in the records of the judicial letter number 127/2014, in the namesDirector of the Social Security vs John Paul Caruana , ordered the followingpublication for the purpose of effecting service on the respondentin terms of Article 187(3) of Cap. 12.
In theCourt of Magistrates (Malta)
To JohnPaul Caruana (ID 578579M) of12, Triqir-Redentur, Żabbar, Malta.
Bymeans of this presentjudicialletterthe Director of the SocialSecurity of38, Triq l-Ordinanza,Valletta, VLT 2000,calls upon you sothat within one week from the notification of this act you pay the interpellantthe sum of€949.25 that were unduly paidto you as Social Assistancefor theperiod from the 1st September, 2008, and 12th November, 2011, and this becauseyou weren’t entitled to such benefitaccording to law.
If youfail to pay this amount within the stipulated time further legal procedureswill be taken against you.
So muchof your own guidance
Withcosts
Alexandra Debattista
For theRegistrar, Civil Courts and Tribunals
Notice 1799
1799Bymeans of a decree given, by the Constitutional Court, on the 8th July, 2016, inthe records of the Appeal Application, in the names Fenech Estates Co. Ltd vsHSBC Bank Malta plc et, Application number 632/10/1, the folowing publicationwas ordered for the purpose of service of the respondent Ludwig Camilleri, interms of Article 187(3)et. seq. of Cap.12.
By means of an Appeal Application, filed, in theConstitutional Court, in the names Fenech Estates Company Limited (C 3634)against HSBC Bank Malta plc, Tal-BaraniCompany Limited, Michael Axisa Company Limited, Ludwig Camilleri, DoctorLouis Cassar Pullicino, and the Attorney General, on the 5th October 2015, theapplicant Fenech Estates Company Limited (C 3634) respectfully pleaded;
Thatthe appellant, presented an application on the 22nd June 2010, which premised;
Thatthe company HSBC Bank plc proceeded against the company Tal-Barrani CompanyLimited, for the winding up of the same company for the reasons brought forwardin the application number 530/02 JA, in the names HSBC Bank Malta plc vsTal-Barrani Company Limited et;
That inthe same procedures the Court, proceeded by appointing as liquidator of thesame company Advocate Dr Louis Cassar Pullicino;
That bymeans of an application dated 16th November, 2009, the applicants presented anapplication for the removal of the liquidator due to a conflict of interest ofthe liquidatorand this as explained inthe same application;
That bya decree given in cameraon the 23 rdDecember, 2009, the Honourable First Hall Civil Court rejected the applicant’sdemand for the substitution of the liquidator in his appointment by anotherliquidator;
Thatsuch application had according to law to be decided by a decree to be readduring the hearing and could not be decided in camera as in fact the HonourableFirst Hall Civil Court did, by its decree of the 23 rd December 2009;
Thatthus the preceeding decree of this Honourable Court, in virtue of which theapplicant’s demand for the substitution of the liquidator by another liquidatorwas rejected is null and without effect at law;
Thatfurthermorethe way in which this decreewas taken,both the position of theliquidator , being that he had given various advice to one of the competingbanks in various procedures leads to a violation of the right to a fair hearingas protected by Article 6 of the European Convention, the liquidator hadvarious occassions where he gave advice to the bank and appeared on its behalfin various procedures and this conflicts with his position as liquidatorbecause it diminishes and impinges on his impartiality and independence;
… omissis…
Thisconflict became even more evident following the Court’s further decree, wherethe liquidator was appointed to express his opinion regarding the ranking ofthe creditorsand the proof of theircredit, this situation with all respect is somewhat strange because theliquidator by means of a preceeding application, had already taken a positionon the admission of the credits and their rankingand, once he had already expressed anopinion,the interpellant cannotunderstand how one can expect that he expresses an independent and impartialopinion;
…omissis …
Thusthe interpellantrs respectfully pray this Honourable Court:
1. Inregard to all the respondents except the Attorney General to declare null andwithout effect th decree of this Honourable Court of the 23rd December 2009,following the application of the applicant, for the removal of the liquidatorin view of the circumstances;
…omissis …
2. Inregard to all the respondents andindefault of a declaration of nullity above mentioned declare the same decree, aswell as the continuation of the cause with the position of the liquidator asabove statedbrings about the violationof the applicant’s right to a fair hearing according to Article 6 of theEuropean Convention on Human Rights;
3.Declare as regards all the respondents that this Article is being broken andviolated in regard to the applicant;
…omissis …
Withcosts and the respondents who are summoned so that a reference to theirevidence be made.
Bymeans of a sworn application ofthe 26thJuly 2010, the respondent Attorney General,declared:
1. Thatin the first place this HonourableCourtis to refuse to exercise its powers according to Article 4(2) of the Actregarding the European Convention (Cap. 319 of the Laws of Malta) and thisaccording to Art 46(2) of the Constitution of Malta, as well as declare thatthe raising of the alledged violationofthe right of the applicant company, to a fair hearing as frivolous andvexatiousin view of the fact that theapplicant company has other reasonable means of remedy;
…omissis …
2. Thatas regards the merit and without prejudice to the above the interpellant is notaware of the facts as brought forward by the applicant company;
…omissis …
3. Thatwithout prejudice to the above the alledged violation to a right of a fairhearing in terms of Article 6 of the European Convention on human rights isunfounded in fact and at lawandfrivolous and vexatious for the following reasons:
3.1That granted but not conceeded that the allegations being made by the applicantcompany against the liquidator are true these do not lead to a violation ofArticle 6 of the European Convention;
3.2 Somuch so that according to Article 238 of the Companies Act, the ranking of thecreditors is made according to law and the payment of the creditors can be madeonly under the supervision and sanction of the Court;
3.3.Furthermore for the reasonthat theprocedures have to be examinedas wholeso that a Court, inits ConstitutionalJurisdiction, can arrive at a decisionregarding the violation or not of the right to a fair hearing;
4.Saving further pleas.
Thusthe interpellant for the reasons above brought forward respectfully prays thisHonourable Court to reject the second and third demand of the applicant companyas frivolous and vexatious with costs against it.
Bymeans of a Sworn Application of the respondents HSBC Bank Malta plc filed onthe 28th July 2010, they declared that:
1.0 Inthe first place the lack of competence of this Honourable Court,
1.1That it appears that this cause is of a constitutionalnature,
1.2That notwithstandingthe cause, wasfiled, before the First Hall Civil Court, without there being indicated‘constitutional jurisdictiom’ in a typical format of a sworn applicationin terms of article 167 of Cap. 12,
1.3That thus there is being pleaded the lack of competence of this HonourableCourt.
2.0 Asregards the merit the request for the annullment of the decree of the 23 rddecember 2009 and the consequential remedy are to be rejected because they arebased on a wrong enunciation of the facts,
…omissis …
3.0 Asregards the merit it is not the case that there occurred any one of theviolationsof the applicant’s right to afair hearing,
3.1That the applicant’s allegation is inthe sense that since Dr. Louis Cassar Pullicino, represented the Bank insome lawsuits which have no connection with the present procedureshe cannot be appointed as a liquidator inlawsuitsin which the interpellant Bankhas an interest. Furthermore the applicants submits that as the liquidator inthese procedures had taken a position in these proceduresas regards the ranking of creditors, the sameCourt, could not at a subsequent stage ask him again to expresshis opinion in detail regarding the ranking,
3.2That this complaint is manifestly unjustified for the following reasons:
…omissis …
Savingother pleas that can be brought forward by the respondent according to law.
Withcosts against the applicant from now summoned so that a reference to itsevidence be made.
Bymeans of a sworn application of the respondent Louis Cassar Pullicino, filed onthe 29 th July 2010,he declared:
1. Thatthis Honourable Court declined the exercise of the jurisdiction granted to itby the European Conventions Act Chapter 319 of the Laws of Malta andparticulary under the proviso of Article 4(2) and this as the applicant has theordinary remedies at his disposition;
…omissis …
2. Thatthis Honourable Court should reject the demands brought forwardby the applicant companyas it does not have jurisdiction to reviewtheordinary meritor to act a Court of Appeal regarding themerit of ordinary procedures or whether the correct procedure was used in thoseordinary procedures;
…omissis …
3. Thatthis Honourable Court is to reject the demands brought by the applicantregarding the complaint of lack of a fair hearing under Article 6 of theEuropean convention is to be reviewedatthe closing of the ordinary proceedings and after res judicata is given;
…omissis …
4. Thatwithout prejudice to this the interpellant respectfully replies that theprocedure used by the First Hall Civil Court to decide as regards the requestforthe substitution of the liquidatorwas correct;
…omissis …
5. Thatwithout prejudice to the above the interpellant respectfully replies that theappointment of the interpellant as a liquidator and the actions he did in suchposition were made with respect to the right to a fair hearing of the applicantand in no way violate such right;
…omissis …
6. Thatfurthermore there exists no basis on which lack of impartialitycan be found in the exercise of the function ofliquidator which the interpellant is carrying outand this nor under the objective test norunder the subjective testwhich shallalways be proved by the applicant;
7.Thatfurthermore there exists no basis on which there can be found lack of independencein the appointment of the interpellant as liquidator of the company in questionand this as in the carrying out of his duties the interpellant is not dependenton anybody, bound by the ethics of his profession and even bound by thedirection and orders given by the Court;
…omissis …
8. Thatin this regard it is to be noted that whilst the plaintiff company wascomplainingof the alledged conflict ofinterest of the applicant a meeting of the creditors and shareholders oftal-Barrani Company Limited had taken place, whereby it was agreed that theliquidator had to file an application to ask for the Court’s direction regarding the proof of the credits and the ranking of the same and the Court directedthe interpellant to proceed and if necessary review his position and thusnor the plaintiff and no other creditor couldsuffer any prejudice.
9. …omissis …
10.That thus the demands brought by the applicant company are to be rejected withits costs against it;
11.That futhermore the remedy requested by the applicant company should not begiven by this Honourable Court as it is still possible that he be suedbefore the Court of Appeal.
Bymeans of a sworn reply of the respondents Michael Axisa Company Ltd, filed, onthe 30 th July, 2010, it was declared that:
1. Inthe first place the plaintiff’s action is null in so far as the first demand ofthe one part and the second and third demand of the other part cannot bebrought forward by means of the same action;
2. Thatin any case without prejudice to the premised the applicant company did notexhaustall the ordinary remediesavailable to it;
3. Thatin any case and without prejudice to the premised the applicant company did notexhaust the ordinary remedies available to it;
4. Thatin any case and without prejudice to the premised the first demand is irregularand null as the eventual procedure tochallenge an interlocutory decree on the basis prposed in the firstdemand is that provided by Article 229 of Cap. 12 of theLaws of Malta;
5. Thatin any case the same demand is also unfounded in fact and at law as it is basedon the wrong premise in the application dated 16th November 2009, had to bedecree in the open, which requiste was not essential in this case;
6. That in any case the same claim is unfounded in factand in law because it is based on the incorrect premise in the applicationdated 16th November, 2009, that had to be decreed in the open, whichrequirement was not essential in this case.
7. …omissis …
8. That the plaintif company appointed the Bank that hadranked the other creditors of the company tal-Barrani Company Limited,including the same plaintiff companyandit was the same plaintiff companythatagreed that the provisional distribution proposed by the same liquidator bemade;
9. Thatin any case and without prejudice to the premised, the plaintiff’s action isunfoundede in fact and at law;
Savingfurther pleas.
That bymeans of a judgement of the 15th September, 2015, the Honourable FirstHall Civil Court decided by:
…omissis …
Thatthe interpellant felt aggrieved with this judgement and namely the judgement ofthe Honourable First Hall of the 15th September, 2015, in the cause in thenames premised and is thus filing this appeal therefrom before this HonourableCourt of Appeal;
…omissis …
That in fact the interpellant felt aggrieved in twosenses, in the first place the appellant respectfully submitsthat the Honourable First Court, applied thewrong parameters when it disposed of his decisionm and in the secod place evenif one applied the parametres applied by the Honourable First Court, it shouldhave arrived correctly to a different assessmentfrom that reachedby the Honourable Court of First Instance, inthe sense that there was an effective prejudice suffered by the interpellantsin the procedures taken in Court under the winding up of the liquidatorappointed by that Honourable Court. The interpellant is lamentingin order that itbe more clear that the test that had to beappliedby the First Court was not thatwith the appointed of the liquidator in question the interpellant sufferedeffective prejudice, but if ater the appointment of that liquidator who was theLawyer of one f the creditors of the company being wound up, he suffered aviolation of the security given to him by law to have a fair judgement andhearing by persons who are impartial and independent … omissis … what isindispute in this lawsuitis not whether the Lawyer in question actedwell or notwhat is in disputeis whether there respected in view of the wayhow thing proceededthe parametres ofthe guarantee of impartiality and independece that the law requires in order tohave a fair hearing and it is precisely in the absence of these guarantees thatthe violation of the right of the interpellant consists.
…omissis …
Thuswith respect, once there was no conflict, itis in fact a gratuitous assertion which follows from the other assertionin principlethat there could be noconflict when such conflict in the roles between those of the Lawyer of thecreditor and liquidator of the debtor is evident and manifest.
…omissis …
Inparticular the interpellant refers also to that stated by the Honourable FirstCourt in the sense that;
‘Fromthe proof it results that the liquidator proceeded according to the direction,the authorisation of the Court.
It is pointed out that it is the case that the appellantcompany had agreed that thesaid windingupbe made and even proceedingshad been taken to sell the property,but thisdoes not in any way mean that the appellant company was agreeing thatthe said winding upbe carried out by a personthat has a conflict ofinterest..omissis....as soon as it knew that the personwho was carrying out the winding up wa salsoa legal consultant of the Bank, it opposed from the beginning and formallyraised its opposition. This results abundantely from the proof.
…omissis …
Thatfurthermore it should be noted that the First Court concentrated all itscomments on the incidents relative to the sale of the property, with respect itis not correct because the winding-up did not only involve the sale of theproperty but even the payment of the credits and ranking. It is to be notedthat the present position is that in the submissions and the proof which arebeing presently made in the course of the winding upit is bein g alledged , that the creditorBank recieved more from that due to it and that it should refund to the companybeing wound upwhat it unjustlyrecieved. An example of how this prejudice can take place in regard to theintrerested party is that in the ranking recommendedby the liquidator the credit of FenechEstates Limited, was put in the fourth grade when subsequently the sameliquidator honestly acknowledged that when he expresesd himself in that mannerhe did not take good notice of the facts because evidently the grade of thecredit of Fenech Estates Limited was superior … omissis … and thus theinterpellant is in no way implicating that the liquidatordid this maliciously but due to the existenceof conflict of interest it is easy that one commits a mistake without noting.
Appeal
Thus the interpellant, whilst referring to all the proofalready produced and reserves to bring forward all the proof permitted by lawincluding a reference to the oath of the respondent defendants and whilstbinding itself to make the security for costs required by law, respectfullypraysthat this Honourable Courtrefrorms the judgement of this Honourable Court of the 15th September 2015, asdemanded in that appeal application, with costs of both instances against thesame defendants.
NotifyRespondent: L&A Autoparts, St Thomas Street, Ħal Luqa.
Adv. Frank Portelli, LLD
For the Registrar, Civil Courts and Tribunals