Court Notices published in Govt. Gazette No. 19,949 of 16 February 2018
Notice 288
288By decree given by the Civil Court, First Hall, on the 6th of November, 2017, on the application of Dr Stefan Balzan (ID 311889M) noe, Thursday, 22nd March, 2018, at half past ten in the morning (10.30 a.m.), has been fixed for the Sale by Auction to be held on the First Floor, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:
An appartment marked with number two (2), which forms part of a complex consisting of two building blocks named Capri Flats in Triq Moroni, Gżira. The access to the complex is by a common staircase from the street level and also a common landing which leads to the two blocks.The owner has a one twelfth (1/12) undivided share of a street level room known as the pushchairs room; a one twelfth (1/12) undivided share of a street level main door; a one twelfth (1/12) undivided share of the stairs leadind to the common elevat terrace that leads to the entrance of the building blocks; a one sixth (1/6) undivided share of the stair well and a one sixth (1/6) undivided share of the block airspace (excluding the airspace on the washrooms). The property is freehold and is valued at two hundred and fourty thousand euro (€240,000).
The said tenement is the property of Sklyarov Oleg Anatolyevich (ID 120107L) et.
N.B. The said tenement will be sold as described in the acts of judicial sales number 40/2017.
RUDOLPH MARMARÀ
For the Registrar, Civil Courts and Tribunals
Notice 289
289By decree given by the Civil Court, First Hall, on 24th January, 2018, on the application of Bay Street Holdings Limited (C 12058), Wednesday, 28th February, 2018, at half past ten in the morning (10.30 a.m.) has been fixed for the Sale by Auction, to be held at London Cafe & Store, Bay Street Complex, Level 1, Triq San Ġorġ, St Julian’s, of the following items seized from the property of Attard Gerald (ID116080M) and Attard Romina (ID 443283M) and Total Company Limited (C 48838).
Four (4) brown tables and twelve (12) red stools; two (2) dishwashers of the make Restaco; Various benches with marble top; coffee machine of the make Milanoxx; black coffee grinder; blender of the make Maxima; orange squeezer; ice cracker; two (2) hotplates, toaster of the make Sisman; microwave of the make Ocean; oven of the make Ariana; oven of the make Roberta; toaster; various speakers; various sound systems; satellite of the make UV Solo; mixer and two (2) CD players of the make Pionéer; projectors of the make Sharp; fridge of the make Candy, brown sofa 4 seater and two armchairs; six (6) LCD of the make LG; various racks with dresses, jackets and bikinis; nine (9) bags; various manikins; thirty (30) pairs of shoes; stand mirror; thirty (30) womans’ tights; microwave of the make Mineappolis; hotplate of the make JP, and various other objects, and
Various packets of soft drinks, juices, boxes and bottles of beer and various alcholic bottles, seventeen tables (17), eighteen (18) stools and twenty-one (21) chairs and variours other objects.
N.B. The said objects will be sold as described in the acts of judicial sale file number 1/18.
MARVIC FARRUGIA
For the Registrar of Civil Courts and Tribunals
Bann for Curators
290Republic of Malta
To the Executive Officer (Courts of Magistrates) Gozo
It is hereby notified that by a decree dated the 7th February, 2018, the Court of Magistrates (Gozo) Superior Jurisdiction, General Section, ordered the publication of the extract reproduced hereunder for the purpose of service in terms of sections 187(3) and 931(3) of the Code of Organization and Civil Procedure.
Whereas by a decree dated the 7th February 2018 in the records of the schedule of deposit and redemption of ground rent having number 18/2018 in the Court of Magistrates (Gozo), Superior Jurisdiction, General Section upon an application filed by the applicant Dr Diane Borg Apap, a lawyer, wife of James Borg, daughter of Raymond Apap and of Maria née Pisani, born in Victoria, Gozo, on the second (2nd) of December of the year nineteen ninety (1990) and residing in Żebbuġ, Gozo, identity card number 1091(G) of ‘Ville Lumiere’, Triq il-Knisja, Żebbuġ, Gozo, and by Aperturi Limited (company registration number C16526) of ‘Arcadia’, Triq San Ġużepp, Xagħra, Gozo, whereby it was ordered that deputy curators be nominated in terms of law to represent the unknown owners in the schedule of deposit and redemption of ground bearing number 18/2018 in names ‘Dott. Diane Borg Apap et versus deputy curators to represent unknown third parties’ filed on the 2nd February, 2018, in the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, as well as the other related and subsequent acts,
The applicants are the owners of the premises bearing number nine (9), together with its annexed garden, situated in an alley leading to Triq ta’ Cini, Qala, Gozo, and bounded on the South in part by an alley and in part by property of the siblings Axiaq, west by property of Lawyer Georg Sapiano and north by property of the unknown owners which premises is denominated ‘St. Joseph House’, shown marked in red on a plan annexed to the schedule marked as Doc. A;
The premises is subject to the annual and perpetual ground rent of one euro and sixteen euro cents (€1.16c) equivalent to fifty Maltese lira cents LM0.50).
Thus, the applicants, are redeeming this ground rent according to law and to exonerate themselves from any responsibility with regard the payment of this ground rent they are humbly calling upon this Honorable Court and under its authority are depositing the amount of twenty-three euros and twenty-euro cents (€23.20) being the redemption of ground rent as above said, which amount may be freely withdrawn by the respondent after due receipt is tendered in its regard.
Whoever is interested to be nominated as a curator is hereby called upon to call at this Registry within six (6) days and make known their interest through a note declaring therein that they accept such an assignment, and in default, this court will proceed to nominate an official curator.
And after so acting or if you should encounter any difficulty in the execution of these banns, you are to inform this Court forthwith.
Issued by the aforementioned Court of Magistrates (Gozo) Superior Jurisdiction, General Section, under the signature of Magistrate Dr Paul Coppini, LLD, a Magistrate of the said Court.
Superior Jurisdiction, General Section
DIANE FARRUGIA
For the Registrar, Gozo Courts and Tribunals
Notice 291
291Notice is hereby given that by a decree of the First Hall of the Civil Court, entered on the 5th day of February, 2018, in the records of the Sworn Application in the names John Zammit (ID 225675M) et vs Daniel Debattista (ID 531784M), Sworn Application number 19/2018 LM, it was ordered that service upon Daniel Debattista (ID 531784M) be made by this publication as provided in Article 187(3) et sequitur of Cap. 12 of the Laws of Malta.
By means of a Sworn Application filed in the First Hall Civil Court, in the names John Zammit (ID 225675M), and Graziella Galea Pirotta (ID 434678M) vs Daniel Debattista (ID 531784M) on the 8th day of January, 2018, the applicants John Zammit (ID 225675M) et asked this Honourable Court to:
1. Declare, if necessary with the help of an appointed architect, that the respondent failed to carry out the works entrusted to him according to the art and consequently the respondent is liable for the damages the applicants suffered, and are suffering, because of such bad works;
2. Declare that the respondent issued invoices containing incorrect figures that induced the applicants to pay more than they effectively had to pay for the works carried out by the respondent, and so there is actually room for a refund of part of the amount actually paid;
3. Liquidate, if necessary with the help of the said appointed architect, the damages so sustained by the applicants;
4. Order the respondent to pay the applicants the sum so liquidated by way of damages;
5. After the due liquidation, order the respondent to repay the applicants the excess amount paid to him.
With court costs and with legal interest as demanded against the respondent, as of now summoned so that a reference to his oath be made. Reserving any further action due under the law and arising from the facts briefly set out in this Sworn Application.
Applicants: John Zammit (ID 225675M) et, 56, Triq San Mark, Gudja
Services: Daniel Debattista (ID 531784M), 70, Mirage, Triq l-Akwedott, Fleur-De-Lys, Birkirkara
The Sworn Application in the names John Zammit (ID 225675M) et vs Daniel Debattista (ID 531784M) was deferred for hearing to the 26th day of March, 2018, at 9.00 a.m.
ADV. DR FRANK-LUKE M. ATTARD CAMILLERI, LLD
For the Registrar, Civil Courts and Tribunals
Notice 292
292By a decree of the Small Claims Tribunal of the 21st November, 2017, the publication of the following extract was ordered for the purpose of service in terms of Article 187(4) of the Code of Organisation and Civil Procedure (Cap. 12).
Coleiro General Supplies Limited (C 3429) of Msida Valley Road, Birkirkara, filed a Claim on the 19th January, 2017, whereby they asked the Tribunal to condemn Windmill Aluminium Company Limited (C 15816) of MRA053, Il-Qasam Industrijali, Marsa, and/or Spiteri Court Flat 1, Triq Viani, Tas-Sliema, to pay the plaintiff company the sum of €1503.33, which amount is due to the plaintiff company.
With costs and interests
The case (Claim number 27/17KCX) is deferred on the 12th March, 2018, at 1.00 p.m.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 293
293It is hereby notified that the Court of Magistrates (Malta) by means of a decree given on the 24th October, 2017, in the records of the judicial letter number 2055/17, in the names Malta Public Transport Services (Operations) Limited vs Joseph Vella et, ordered the following publication for the purpose of effecting service on the defendant Joseph Vella, in terms of Article 187(3) of Cap. 12.
By means of a judicial letter filed in the Court of Magistrates (Malta) against Joseph Vella (ID 0001370M) of Villa Rosa, 74, Spring Street, Mosta, and Argus Insurance Agencies Limited, on the 2nd August 2017, Malta Public Transport Services (Operations) Limited (C 48875) of Triq l-Imdina, Ħal Qormi, whilst reference is made to the car accident that occured on the 30th December, 2015, in Rabat, Malta, between the vehicle with registration number JBV 335 driven by the respondent JosephVella and insured with the respondent insurance company, and the vehicle with registration number BUS 597 driven by Ryan Schembri and property of the interpellant company.
As a consequence of this accident, the vehicle in question suffered damages.
Because this accident occured because of your carlessness, negligence and lack of observation of the traffic regulations on part of the respondent Joseph Vella, the respondents are being solicited so that within one week they come forward for the payment of damages suffered by the interpellant as a consequence of this accident in the sum of €3756.80.
In default, the interpellant company will proceed against you without further notice.
So much for your own guidance and regulise your position.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 294
294Notice is hereby given that by a decree of the Court of Appeal (Superior Jurisdiction), entered on the 2nd day of February, 2018, in the records of the Sworn Application in the names Clarosa Hotels Ltd (C 35483) vs APS Bank Limited et, Sworn Application 1112/2013 JRM, it was ordered that service upon Rosario Tabone be made by this publication as provided in Article 187(3) et sequitur of Cap. 12 of the Laws of Malta.
By means of an Application of Appeal filed in the Court of Appeal (Superior Jurisdiction), in the names Clarosa Hotels Ltd (C 35483) vs APS Bank Limited, Bank of Valletta plc for every interest it might have, and Rosario Tabone, and Claudia Spiteri Sacco for every interest they might have on the 8th day of January, 2018, Clarosa Hotels Ltd (C 35483) respectfully submitted:
That by means of a Sworn Application filed on the 18th day of November, 2013, the plaintiff submitted and claimed that reproduced in the abovementioned Application of Appeal;
That the defendant APS Bank Limited filed a Sworn Reply on the 23rd day of December, 2013, by which it pleaded that indicated in the abovementioned Application of Appeal;
That the defendant Bank of Valletta plc filed a Sworn Relpy on the 23rd day of December, 2013, by which it pleaded that indicated in the said Application of Appeal;
That the defendants Tabone and Spiteri Sacco, despite being duly notified remained in default;
That the Honourable First Hall of the Civil Court disposed of this lawsuit by a judgment entered on the 20th day of December, 2017, by which it dismissed the claims of the plaintiff as unwarranted in fact and in law, upheld all the pleas of the defendant banks because they are justified, and ordered that all the costs of the proceedings be borne by the plaintiff;
That the plaintiff felt aggrieved by this judgment, and therefore she is filing this humble appeal therefrom;
That the grievance of the plaintiff is clear and manifest, since the judgment under appeal is the result of a mistaken understanding of the claims of the plaintiff as well as of the legal considerations that were applicable to the factual situation of the case;
That the plaintiff respectfully submits that the judgment under appeal has misunderstood what was being asked in this cause … omissis … it is evident that the Honourable Court of First Instance understood that the plaintiff was only asking for the nullity of the bank guarantee … omissis … it should have been clear … omissis … that the plaintiff is not only impugning the bank guarantee, but also the validity of the suretyship obligations assumed by it in favour of the defendant APS … omissis … it seems that the Honourable Court of First Instance failed to understand that this cause concerns two guarantees … omissis …;
That the plaintiff never asked for the nullity of the bank guarantee issued by the defendant BOV on the ground that it did not fulfill the dictates of Article 1233 of the Civil Code. That reason was cited by the plaintiff as a ground for the nullity of the suretyship obligations assumed by it in favour of the defendant APS … omissis … That the plaintiff was asking for … omissis … the nullity of the bank guarantee in question on the ground that, once the suretyship obligations of the plaintiff in favour of APS Bank Limited were void since they were not made in writing as stipulated in Article 1233, referred to above … omissis … That this confusion misled the Honourable Court of First Instance in the considerations it had to do … omissis …;
… omissis … what had to be considered by the Honourable Court of First Instance was this - if, firstly, the plaintiff could be considered a valid guarantor of the defendants Tabone and Spiteri Sacco in favour of the defendant APS; and secondly, and in the event that the plaintiff could not be considered a valid guarantor because of what is stipulated in Article 1233, if such a failure would invalidate the bank guarantee issued by the defendant BOV;
… omissis …
That the abovementioned Application of Appeal, refers to the facts, even as set out in the contested judgment itself … omissis … From the recital of the facts, it is clear that the agreement between the plaintiff and the defendant APS was that the plaintiff guarantees the obligation that Tabone and Spiteri Sacco had vis-a-vis the same defendant APS to pay the sum of €24,000 … omissis …;
That as well pointed out by the Honourable Court of First Instance in the judgment under appeal, the agreement between the plaintiff and APS Bank Limited was not made in writing, and therefore the suretyship of the plaintiff in favour of the same APS Bank Limited is null and void, and the first claim of the plaintiff should have been upheld … omissis …;
… omissis … What the plaintiff has always maintained is that the defendant APS was wrong in asking to get paid under the bank guarantee, since it was not entitled to such payment … omissis … the plaintiff respectfully submits that contrary to that observed in the judgment under appeal, the bank guarantees are also a sort of guarantees encompassed within the meaning of Article 1925 of the Civil Code … omissis …;
… omissis … Once, as we have seen, the first guarantor was never validly bound, because the guarantee agreement between the plaintiff and the defendant APS was never made in writing, then so even the second guarantee, and namely the bank guarantee, cannot be considered valid … omissis …;
That the fact that a bank guarantee was issued never have the effect, as the defendants are expecting, to fully neutralize the relevance of the contractual bond underlying that bank guarantee … omissis …;
That therefore in this cause, the plaintiff is claiming that the defendant APS had no right to ask for payment under the bank guarantee issued by the defendant BOV on the demand of the plaintiff, since the link the plaintiff had with the defendant APS (on the basis of which link the bank guarantee was demanded and issued) and consisting in a suretyship for the debt owed to APS by Tabone and Spiteri Sacco, was an invalid link in terms of Article 1233 of the Civil Code;
In any case, it is legally and juridically possible to conclude that the bank guarantee is not void, as the plaintiff is expecting, but that the defendant APS got paid on the basis of the same bank guarantee abusively and unduly … omissis …;
Thus, the plaintiff was entitled to be refunded its money from the defendant APS.
Therefore, while making reference to the evidence submitted and whilst also reserving to make further submissions during the hearing of this appeal, the appellant humbly asks this Honourable Court to uphold its humble appeal by deleting, revoking and cancelling the judgment of the Honourable First Hall of the Civil Court in the names ‘Clarosa Hotels Limited vs APS Bank Limited, Bank of Valletta plc For Every Interest It Might Have, and Rosario Tabone and Claudia Spiteri Sacco For Every Interest They Might Have (Sworn Application number 1112/2013 JRM) on the 20th day of December, 2017, and instead move to uphold all the claims of the plaintiff, saving the rejection of all the pleas of the defendants, with the costs of both instances against the appellees in solidum between them.
Appellant: Clarosa Hotels Ltd (C 35483), Room 5, Hotel Damiani, Triq il-Ħġejjeġ, Buġibba, St Paul’s Bay
Services: Rosario Tabone, 53, Triq iż-Żejtun, Marsaxlokk
ADV. DR FRANK-LUKE M. ATTARD CAMILLERI, LLD
For the Registrar, Civil Courts and Tribunals
Notice 295
295Notice is hereby given that by a decree of the First Hall of the Civil Court, entered on the 13th day of February, 2018, in the records of the Judicial Letter in the names Adv. Denia Ellul (ID 20491M) noe vs Apex Fund Services (Malta) Ltd, Judicial Letter number 384/2018, it was ordered that service upon Apex Fund Services (Malta) Ltd be made by this publication in terms of Article 891 of Cap. 12 of the Laws of Malta.
In the First Hall of the Civil Court
To Apex Fund Services (Malta) Ltd
Central North Business Centre
Level 1, Sqaq il-Fawwara
Tas-Sliema SLM 1670, Malta
By the present judicial letter, the Adv. Denia Ellul (ID 20491M), in her capacity as a special mandatary and on behalf and in representation of the company Fidimed Fiduciaria S.r.l., enrolled in the register of companies in Milan, Italy with the registration number 05997910152 and with official address Corso Magenta, 43, 20123, Milan, Italy, declares:
1. That the sender has several investments in a Fund registered in Bermuda by the name of Emerging Manager Platform Ltd, and which is divided into several Sub-Funds, mainly ‘Global Quality Selection Fund of Funds’ and ‘Go Global Opportunity Fund of Funds’, besides others;
2. That according to the Offering Memorandum of the Fund and the Offering Supplements of the Sub-Funds, Apex Fund Services Ltd, a company registered in Bermuda with official address, 20, Reid Street, Williams House, 3rd Floor, Hamilton, HM11, Bermuda, has been appointed as the administrator of the Fund. We note however, that the subscriptions, the redemption/s, and all correspondence with the sender were processed and made by Apex Fund Services (Malta) Ltd (C 42646), the latter thus acting as de facto administrator of the Fund;
3. That by means of several letters sent by the Investment Advisor of the Fund, Novium AG, the sender was informed that the Sub-Funds ‘Global Quality Selection Fund of Funds’ and ‘Go Global Opportunity Fund of Funds’, were suspended as of the 1st day of February, 2016. However, the respondent company in its capacity of the de facto administrator in charge of processing the subscriptions and redemption/s made by the sender, not only failed to notify the sender with the suspension of the Sub-Funds as one of its obligations, but confirmed the claims of redepmtion of some investments made by the sender, and this while the suspension was in force;
4. That despite several requests for the redemption of the investments mentioned above, several other demands for the payment of such payments of such investments and various other emails sent to you by the sender in your capacity as de facto administrator and to Novium AG for information on the performance of the money invested by it, the sender was not given the requested information and therefore never had vision and clarity on the performance of the money invested by it;
5. That the sender repeatedly offered to meet you in order to obtain the abovementioned information, and this after in various instances the sender was offered assistance in various communications between you and the sender, and on the basis of your obligations as de facto administrator as stipulated in the Offering Memorandum of the Fund and the Offering Supplements of the Sub-Funds, however, such meetings were always rejected.
Therefore, and in view of the above, the sender is advising the respondents that, unless the requested information on the various investments made by it in the abovementioned Fund and the Sub-Funds is not provided, and this includes but is not limited to the calculation of the NAVs, accounts of all investments including the capital and every return on such capital worked on the latest dealing date, and the amount, real and in percentages, of all the investments made by the sender, is to be held liable for the damages that the sender has suffered as a consequence of your omissions as de facto administrator of the Fund and the Sub-Funds.
The sender, while reserving all its rights at law, also formally calls upon the respondent company to appear for the liquidation and payment of every damage suffered and that may be suffered by the sender as a consequence of the conduct of the respondent company.
So, to know how to proceed
With costs and with legal interest until the date of eventual settlement
Sender: Adv. Denia Ellul (ID 20491M) noe
Services: Apex Fund Services (Malta) Ltd, Central North Business Centre, Level 1, Sqaq il-Fawwara, Tas-Sliema SLM 1670, Malta
ADV. DR FRANK-LUKE M. ATTARD CAMILLERI, LLD
For the Registrar, Civil Courts and Tribunals
Bann for Curators
296Republic of Malta
To the Marshal of the Courts
Notice is hereby given that by a decree of the First Hall of the Civil Court, entered on the 30th day of January, 2018, following the request of Elena Mallia (ID 323116L), it was ordered that deputy curators be appointed to represent the absentee John Mallia in the records of the Sworn Application with number 1114/2017 AF in the names Elena Mallia (ID 323116L) vs Deputy Curators et and in the other relative and subsequent acts.
By a Sworn Application, filed on the 10th day of January, 2018, in the First Hall of the Civil Court, in the names Elena Mallia (ID 323116L)
vs
Director of the Public Registry, and Deputy Curators to represent the absentee John Mallia, Elena Mallia (ID 323116L) asked this Honourable Court to:
1. Pronounce that the absence of the respondent John Mallia from these islands has been persisting for a period of more than ten continuous years from the date of the last news about him;
2. Therefore declare that the said John Mallia is presumed dead;
3. Order the respondent Director of the Public Registry to issue a death certificate of John Mallia;
4. Grant the applicant the absolute possession of the property of the absentee and the absolute exercise of the rights that depend on the death of the said absentee;
5. Declare dissolved the guarantees and that the other securities that may have been ordered in relation to the applicant over the last decade no longer apply.
With court costs against the respondents as of now summoned so that a reference to their oath be made.
Applicant: Elena Mallia (ID 323116L)
Services: Deputy Curators, Superior Courts, Valletta
Now, Therefore, Marshal of the Courts, you are hereby commanded to affix an official copy of this Bann at the entrance of this Superior Court and to hereby call whosoever wishes to be nominated as a curator to present himself/herself in this Registry within six days and make known his/her interest through a declaratory note.
You are further commanded to inform each and every one that in default, this Court will proceed to nominate an official curator.
And after execution, or upon your meeting with any obstacle in the execution hereof, you shall forthwith report to this Court.
Given by the abovementioned Superior Court and witnessed by The Hon. Mr Justice Toni Abela, LLD, Doctor of Laws.
Dated 30th January, 2018
ADV. DR FRANK-LUKE M. ATTARD CAMILLERI, LLD
For the Registrar, Civil Courts and Tribunals
Notice 297
297It is hereby notified in virtue of the powers conferred on it by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 8th February, 2018, and this after a written Plea numbered 12/2018, ordered:
The correction of the Act of Birth of Robert Henry Formosa, bearing number 2697 of the year 1957, not only with an annotation in the margin, but by deleting the word ‘Boy’ and substitute it with the word ‘Girl’ in the column entitled ‘Sex’; the name ‘Robert Henry’ is to be cancelled and substituted with the name ‘Roberta Enrica’ under the column entitled ‘Names given’; and the name ‘Robert’ is also to be cancelled and substituted with the name ‘Bertha’ in the column entitled ‘Name or names by which the child is to be called’.
JANET CALLEJA
F/Registrar, Court of Revision of Notarial Acts
Notice 298
298By a decree of the 8th January, 2018, given by the First Hall Civil Court, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to articles 187(3) and 338(1) of the Code of Organization and Civil Procedure (Cap. 12)
That by application and a Schedule of set-off filed contemporaneously by Karl Borg and his wife Charmaine Borg on the 11th April, 2017, the approval of the said judicial acts is being demanded for the amount of €10,800 following judicial sale by auction 16/16 in the names Karl Borg et vs Mario Mifsud et held under the Authority of the said Court on the 6th April, 2017.
According to Article 338 (2) of Cap. 12: Any person who may have an interest and the persons so served shall be allowed the time of twenty days to file an answer stating in detail the reasons for their opposition and the amounts in contestation; and where such opposition is based on a claim against the proceeds of sale an alleged cause of preference, they are to state the amount of such claim and the basis for the preference. Such persons shall with the answer file all relevant evidence to substantiate their opposition.
RUDOLPH MARMARÀ
For the Registrar, Civil Courts and Tribunals
Notice 299
299By means of a decree given by the Civil Court (Family Section) on the 1st February, 2018, in the records of the General Application in the names Michelle Zerafa (ID 303692M) vs George Alfred Borg (ID 310878M), General Application 24/18, the following publication was ordered for the purpose of service of the respondent George Alfred Borg (ID 310878M) in terms of Asrticle 187(3) et sequitur of Cap. 12.
By means of a General Application, presented, in the Civil Court (Family Section) in the names Michelle Zerafa vs George Alfred Borg, on the 18th January, 2018, the applicant Michelle Zerafa above mentioned respectfully pleaded:
That the applicant recently started to reside in the premises 127, Flat 3, Triq il-Farfett tal-Fejgel, Ħaż-Żabbar, together with her minor daughter … omissis …;
That for the purpose of benefits and/or subsidy on the eletctricity and water bills the company Arms Limited, requires also the signature of the father or rather George Alfred Borg;
That the present address of the respondent is not known and nor the Police themselves who are trying to notify him with various criminal procedures cannot trace him;
That thus the applicant has no contact with the father who is making it impossible to be traced;
That thus the applicant cannot obtain the said signature of the father.
Thus, the applicant prays that this Honourable Court:
1. Exempts the service of the respondent George Alfred Borg;
2.Authorises the applicant Michelle Zerafa to file the applications and all the necessary documents in order to obtain the subsidies and all the benefits related to the costs of water and electricity to which she has the right as a single mother and this without the necessity of the signature or consent of the respondent George Alfred Borg, above mentioned.
Respondent: 23, Uranus, Triq il-Qalb Imqaddsa, Birkirkara
ADV. FRANK PORTELLI, LLD
For the Registrar, Civil Courts and Tribunals
Bann for Curators
300Republic of Malta
To the Marshal of the Courts
Notice is hereby given that by a decree of the First Hall of the Civil Court, entered on the 8th day of February, 2018 following the request of BNF Bank previously Banif Bank Malta plc (C 41030), it was ordered that deputy curators be appointed to represent the interests of the respondents in the records of the judicial sale by auction with number 27/2017 in the names BNF Bank previously Banif Bank Malta plc (C 41030) vs Jannetje Anker (ID 50731A) and Gerrit Wellem Van Hemert (ID 50703A) and in the other relative and subsequent acts.
By an Application, filed on the 1st day of February, 2018, in the First Hall of the Civil Court, in the names BNF Bank previously Banif Bank Malta plc (C 41030)
vs
Jannetje Anker (ID 50731A) and Gerrit Wellem Van Hemert (ID 50703A), BNF Bank previously Banif Bank Malta plc (C 41030) respectfully submitted:
That the applicant company filed an application against the respondents, to open by force, a safe deposit box belonging to the said respondents and to consequently start the judicial sale by auction of the contents, on which the applicant company enjoys a pledge, if necessary with the help of an expert appraiser.
...omissis...
For the reasons given in the abovementioned Application, the applicant company humbly asks this Honourable Court to, saving the issue of the usual Banns, appoint Deputy Curator/s to represent the interests of the respondents in these procedures and in all subsequent acts; and order the publication contemplated in Article 931(3) of Cap. 12 of the Laws of Malta; and give the orders and provisions that it deems appropriate.
Applicant Company:BNF Bank previously Banif Bank Malta plc (C 41030)
Services: Deputy Curators, Superior Courts, Valletta
Now, therefore, Marshal of the Courts, you are hereby commanded to affix an official copy of this bann at the entrance of this Superior Court and to hereby call whosoever wishes to be nominated as a curator to present himself/herself in this Registry within six days and make known his/her interest through a declaratory note.
You are further commanded to inform each and every one that in default, this Court will proceed to nominate an official curator.
And after execution, or upon your meeting with any obstacle in the execution hereof, you shall forthwith report to this Court.
Given by the abovementioned Superior Court and witnessed by The Hon. Mr Justice Silvio Meli, LLD, Doctor of Laws.
Dated this 8th day of February, 2018
ADV. DR FRANK-LUKE M. ATTARD CAMILLERI, LLD
For the Registrar, Civil Courts and Tribunals
Notice 301
301It is hereby notified that the Court of Magistrates (Malta) by means of a decree given on the 31st January, 2018, in the records of the judicial letter number 1987/17, in the names Argus Insurance Agencies Limited noe vs Janica Bugeja, ordered the following publication for the purpose of effecting service on the defendant Janica Bugeja, in terms of Article 187(3) of Cap. 12.
By means of a judicial letter filed in the Court of Magistrates (Malta) against Janica Bugeja of 18, Sil Dor, Triq Nuzzo, Ħamrun, on the 28th July, 2017, Argus Insurance Agencies Limited (C 597) for and on behalf of the foreign company Argus Insurance Company (Europe) Limited of La Concorde, Triq Abate Rigord, Ta’ Xbiex, and this as subrogated in the rights of its insured Adrian Frendo , on the basis of a comprehensive type of policy and of Law, and the same Adrian Frendo (ID 328974M), whilst reference is made to the car accident that occured on the 5th May, 2012, at about 12.45 p.m. in Triq Sant’Anna, Floriana, which involved you whilst you were walking and the vehicle property of the interpellant Adrian Frendo with registration number JNF 612, solicits you so that within three (3) days you come forward to pay Adrian Frendo the sum of €55 representing excess payment paid by him to the interpellant company Argus Insurance Agencies Limited as a result of this accident and €1193.59 as all the payments paid by the insurance company Argus Insurance Agencies Limited as a result of this accident, which accident occured soley as a result of carlessness, negligence and lack of observation of the traffic regulations on your part.
The interpellant informs you that in case the time given to you passes uselessly, they will have no alternative but to proceed further against you by all the means permitted by law.
So much for your own guidance and to avoid costs and useless procedures.
This letter is being made particularly, but not limitedly for the purpose of the interuption of the prescription in terms of Cap. 12 of the Laws of Malta.
With costs including the judicial letters of the 7th February, 2014, and 10th November, 2015, and legal interests.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 302
302By means of a decree of the 21st November, 2017, of the Civil Court First Hall, in the records of judicial letter number 2554/17, in the names Housing Authority vs Dorianne Cutajar, the following publication was ordered for the purpose of effecting service on Dorianne Cutajar in terms of Article 187(3) of Cap. 12.
In the Courts of Magistrates (Malta)
To Dorianne Cutajar (ID 0155481M) of Kristalli, Flat 3, Triq Pawlu Farrugia, Ħal Qormi
By the present Housing Authority of 22, Triq Pietro Floriani, Floriana, makes reference to the agreement of lease dated 20th November 2012 regarding the premises Kristalli, Flat 4, Triq Pawlu Farrugia,Ħal Qormi.
You are in delay of payment of the rent and costs in the amount of €5,785 and this besides the legal costs.
If you fail to pay within four days further procedures will be filed against you for the eviction from the premises Kristalli, Flat 4, Triq Pawlu Farrugia, Ħal Qormi, and for the payment due and this on the basis of the clause in the same agreement of lease above mentioned.
You are warned, that if further procedures will be taken against you, the legal costs that you will have to pay will increase considerably.
With costs and interest
This letter is also requested for the purposes of article 2128 of the Civil Code.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 303
303By means of a decree of the 29th January, 2018, in the First Hall of the Civil Courts, in the records of the judicial letter number 1623/16 in the names Bank of Valletta plc vs MCCF Projects Company Limited, ordered the following publication for the purpose of service in terms of Article 187(5) of Cap. 12.
By means of a judicial letter filed in the First Hall of the Civil Courts against MCCF Projects Company Limited (C 33281) of 41, Triq Toni Pace, Mellieħa, on the 12th May, 2016, Bank of Valletta plc of 1/5, Misraħ San Ġorġ, Valletta VLT 1190, whilst refering you to the contract in the acts of Notary Doctor Bartolomeo Micallef dated 11th August, 2008, where you guaranteed together and in solidum with MCCF Properties Company Limited, the debts of the same MCCF Properties Company Limited till the value of €223,351.00, calls upon you so that within two days you pay together and in solidum the sum of €223,351.00 balance from a greater amount for the debt in your Loan Accounts MCCF Properties Company Limited together with further interests from the 29th February, 2016.
This judicial letter is being made without prejudice for other procedures made against you by the interpellant bank for any other balances due by you.
The interpellant company warns you that if you fail they shall be constrained to proceed against you according to law.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 304
304Notice, Registry of the Civil Court (Family Section)
Whereas the plaintiff Anna Vassallo (ID 449959M) filed an application under oath (No. 272/17 AL) demanding Corrections in the Act of Birth of the minor Sarah Ebejer number 616/2002 in the Public Registry.
Whosoever may have an interest therein, and wishes to oppose that demand, is hereby called upon to do so, by means of a note to be filed in the Registry of these Courts, within fifteen days from the day of the publication of this present notice in the Government Gazette.
Those who, within the aforesaid time, shall have filed such note, shall be notified by the service of a copy of the said application under oath, of the day which will be appointed for the hearing of the case.
By order of the Court
RITA MANGION
For Registrar, Civil Courts and Tribunals