Court Notices published in Govt. Gazette No. 20,025 of 13th July 2018

By decree given by the Civil Court, First Hall, on the 3rd July 2018, and by judgment given by the Onor. Judge Lorraine Schembri Orland on the application of Genovese Marcellino (KI 459661M) numbered 212/2017 LSO, Tuesday, 23rd October, 2018, at eleven in the morning (11.00 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:

Property numbered 8, named ‘Molineux’ in Triq Ward ix-Xemx, Fgura with all its rights and appurtenances valued at €105,000.

The said tenement is the property of Genovese Anna (KI 56163M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 15/2018.

RUDOLPH MARMARÀ

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 18th August, 2017, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 440/2017 in the names Automated Revenue Management Services Ltd pro et noe vs Dennis Charles Falzon, the following publication was ordered for the purpose of effecting service on the respondent Manuel Cassar in terms of Article 187(3) of Cap. 12.

In the Court of Magistrates (Malta) 

To Dennis Charles Falzon (ID 477651M) of Flat 2, Blue Edge, Triq il-Kungress Ewkaristku, Mosta.

By the present, Automated Revenue Management Services Limited (C 46054) of Gattard House, Triq Nazzjonali, Blata l-Bajda, Malta, in its own name and on behalf of Enemalta plc and Water Services Corporation, notifies you with the attached sworn declaration marked as Document A for all the purposes and effects of Article 466 of Cap. 12 of the Laws of Malta and solicits you to pay the amount of €3,211.74, which amount is sure, liquid and due and respresenting the balance due for the consumption of water and electricity, rent of water and electricity meter, administrative fees, connection and disconnection fees, together with interest due on the Amount according to Law which Ammount consists of the following:

i) As for bill number 101000230082 for the premises 2, The Blue Edge, Triq il-Kungress Ewkaristku, Mosta, for the amount of €512.81; and

ii)As for bill number 101000238168 for the premises St Joseph Garage, Triq Ponsonby, Mosta for the amount of €2,698.93

Despite several solicitations by the applicant company for the payment of the amount due, you remained in default and did not pay till the day of the filing of this judicial letter. In addition, there is no valid reason for your failure to pay and you never contested the amount due.

This act is being sent to you for all the purposes and effects of law and in default of payment or opposition on your part within the time mentioned in Article 466 Cap. 12 of the Laws of Malta, the applicant company shall proceed to enforce this credit according to law.

With costs

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 18th August, 2017, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 442/2017 in the names Automated Revenue Management Services Ltd pro et noe vs Manuel Cassar, the following publication was ordered for the purpose of effecting service on the respondent Manuel Cassar in terms of Article 187(3) of Cap. 12.

In the Court of Magistrates (Malta) 

To Manuel Cassar (ID 307392M) of 8, St Albans, Triq Castaldi, Ħaż-Żabbar

By the present, Automated Revenue Management Services Limited (C 46054) of Gattard House, Triq Nazzjonali, Blata l-Bajda, Malta, in its own name and on behalf of Enemalta plc and Water Services Corporation, notifies you with the attached sworn declaration marked as Document A for all the purposes and effects of Article 466 of Cap. 12 of the Laws of Malta and solicits you to pay the amount of €1,181.79, which amount is sure, liquid and due and representing the balance due for the consumption of water and electricity, rent of water and electricity meter, administrative fees, connection and disconnection fees, together with interest due on the amount according to law regarding the bills holding number 101000158721 for the premises Pink Panther Garage, Triq il-Bikri, Ħaż-Żabbar, which amounts to €1,181.79.

Despite several solicitations by the applicant company for the payment of the amount due, you remained in default and did not pay till the day of the filing of this judicial letter. In addition, there is no valid reason for your failure to pay and you never contested the amount due.

This act is being sent to you for all the purposes and effects of law and in default of payment or opposition on your part within the time mentioned in Article 466 Cap. 12 of the Laws of Malta, the applicant company shall proceed to enforce this credit according to law.

With costs

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 13th June, 2018, of the Civil Court First Hall in the records of judicial letter number 1282/2018, in the names Commissioner for Revenue vs Veronica Gauci pro et noe, the following publication for the purpose of service on the respondent pro et noe was ordered in terms of Article 187 (3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To Veronica Gauci (ID 312162M) in your own name and director for and on behalf of the company Jupiter Company Limited (C 6832).                                                                  

By the present 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 that within two (2) days from the service of this act, you pay the amount of €63,622.93 representing amount due by you pro et noe according to the same Act.

With costs and interest according to the said Act XXIII of 1998, above mentioned, till the date of effective payment.

This calling is being made for all intents and purposes of law, particularly, but not exclusively, in order to render executable the executive title which the same Commissioner for Revenue has against you by means of a Notice sent to you for payment. 

In default, the interpellant informs you that he shall pass to execute the said executive title he has against you pro et noe by means of the opportune warrants.

So much so that you may know how to regulate yourself and to proceed.

Service Jupiter Company Limited – Jupiter Marine Centre, Triq tal-Qares, Mosta

    Veronica Gauci i) Theofar Court, Apartment A, N/S off Constitution Street, Mosta

           ii) Post il-Kwiet, Triq il-Missjunarji Maltin, Mosta

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Court of Appeal, in the records of the Application 585/2013 JZM, Bankruptcy Procedures of Jonathan Pace and by decree of the 3rd April, 2014, Melanie Pace (ID 650082M) was authorised to intervene in the proceedings in statu et terminis, and by decree of the 7th October, 2014, Advocate Dr Christopher Chircop was appointed as curator ad litem in order to represent the interests of the deceased Jonathan Pace in the present procedures and Advocate Doctor Richard Galea Debono as Curator of the Bankruptcy of Jonathan Pace, the following publication was ordered for the purpose of service of Oliver Azzopardi, Charlo Cutajar Genio Bondin, Five Effs Import Company Limited, Gezzju Axiaq, Pool Group Malta Limited, Quality Meats Products Limited and George Borg, in terms of article 187(3) et sequitur of Cap 12.

By means of an Appeal Application, presented, in the Court of Appeal, in the records of the Application number 585/2013 JZM, in the Bankruptcy Proceedings of Jonathan Pace above mentioned, on the 17th October, 2017, the company Bank of Valletta plc (C 2833) respectfully pleaded;

1. That by means of a declaration of bankruptcy, filed by the bankrupt Jonathan Pace (KI 277083M) who is today deceased and is represented by the respondent Doctor Christopher Chircop as curator ad litem, filed, on the 17th June, 2003, the said Jonathan Pace, declared ‘that he is the owner of Tyson’s Butcher’ seller of meats and foodstuffs. That due to lack of income from his business, the applicant wishes to stop the payment of his debts and in terms of Article 478(1) of the Commercial Code declare his bankruptcy.

… omissis …

Thus, the said Jonathan Pace asked this Honourable Court First Hall:

i)  To declare his bankruptcy,

ii) Notify the creditors with the procedure of his bankruptcy, and

iii) Appoint one curator or more in terms of Article 488 of the Commercial Code to carry out the functions assigned to them;

2. That by a partial judgement given Advocate Doctor Richard Galea Debono was appointed curator of the bankruptcy with rights and duties according to Section 111 of Cap 13 of the Laws of Malta and the cause was deferred for the following sitting;

3. That the bankruptcy proceedings continued till on the 30th May 2017, the said Honourable First Hall Civil Court, delivered judgement regarding the ranking of the creditors in the following sense and namely;

The Court,

1. In the First Place.

The proceedings were adjourned to this day in order to provide as to the ranking of the debts;

Heard the evidence as regards the debts vaunted againt the bankrupt,

… omissis …

Having seen all the other records of the proceedings.

11. Creditors with causes of preference.

a) According to the curator of the bankruptcy.

According to the report of the curator of the bankruptcy the creditors who have causes of preference are:

Bank of Valletta plc with a verified credit of €699,950.42c;

Eugenio Bondin, with a verified credit of €103,000.00;

George Borg, with a verified credit of €62,857,81c;

Nazzareno Zammit, with a verified credit of €17,500,00

Five Effs Limited, with a verified credit of €82,056.62;

Alf Mizzi Sons Marketing Limited, with a verified credit of €22,118.00c;

Malta Beef Limited, with a verified credit of €62,341.40c;

SM Marketing Limited, with a verified credit of €198,000.00c 

The Curator of the bankruptcy reported that the other admitted creditors have an unsecured debt. Thus, after the creditors who have a cause of preference are paid the other creditors pro rata are to be paid after their debts are verified.

b) Eugenio Bondin

Objections were made as regards the debt of Eugenio Bondin and his alleged cause of preference. It is stated that when the official searches as regards the bankrupt Jonathan Pace were made, no hypothec resulted in favour of Eugenio Bondin.

From an examination of the proof brought forward it resulted that there exists a general hypothec in favour of Eugenio and Victoria Bondin with number 16846/2009, presented, on the 11th November, 2009 (fol 50 a fol 901).

Then a special hypothec was made with number 757/2013, which was presented on the 18th January, 2013 (fol 902) in favour of Eugenio and Victoria Bondin.

Bank of Valletta plc made an observation that both the general hypothec as well as regards the special hypothec the name of the debtor was indicated as John Pace and not as Jonathan Pace.

… omissis …

From an examination of Art 2042 (a) of Cap 16 it resulted that the name and surname of the creditor or debtor and the numbers of the documents of his valid legal identification are necessary for the registration of a note of enrolment.

… omissis …

6. When the particulars which according to Article 2042 of the Civil Code are to be written down in the note do not refer to the name of the father or the mother or the place or birth or of residence of the creditor or debtor, are not known to the person which requests the registration, without prejudice to the debtor, regarding the insertion in the note of other particulars which can serve to establish his identity are to be written down.

8(1)The note of enrolment is to include the name of the parties as is required for the indication of the debtor in hypothecary registrations, the date and type of the act … omissis … together with an indication of the value in the case of acts whereby the value of the act can be determined.

… omissis …

The consequence of all these acts is that the Court considers for the purposes of these proceedings, Eugenio Bondin does not have a valid cause of preference in his favour in virtue of general hypothec 16846/2009 and of the special hypothec 757/2013 made in favour of Eugenio Bondin.

Eugenio Bondin shall continue to be considered as a simple creditor of the bankrupt.

Thus, the Court considers that the creditors who have a cause of preference are:

Bank of Valletta plc;

George Borg;

Nazzareno Zammit;

Five Effs Limited;

Alf Mizzi & Sons (Marketing) Limited;

Malta Beef Limited;

and SM Marketing Limited.

111. Preliminary Considerations

1.The Interests

The point was raised as how the amount secured by a particluar hypothec is to be established;

… omissis …

The Court refers to Art 537 of Cap 13 which states,

In no case of bankruptcy are interests granted on the sums due by the bankrupt, from the date of the declaration of the bankruptcy made by the bankrupt or as the case may be from the date of the judgement which declares the bankruptcy.

From a reading of such Article it justly results that any interest that has accrued till the date of declaration of the bankruptcy shall be due. It is only from that date forward that interests do not accrue on the sums due.

… omissis …

As regards the interests the Bank of Valletta plc made these calculations;

… omissis …

The interest which is admissible is that only which has accrued till the 12th November, 2013. Thus the interest which is admissible is of €1,690.90c.

… omissis …

2. General Hypothecs

The argument was made in the sense that the general hypothecs are to be taken into consideration because these continue to be valid for ranking on all the property of the bankrupt.

This Court accepts that the general hypothecs are distinct from the special hypothecs which were constituted in favour of the same creditor by the debtor. Thus it makes sense that after all the creditors who have a special hypothec are paid on the balance the creditor who has a general hypothec shall rank once again before other unsecured creditors.

3. Assets belonging to the community of acquests

It results that after the declaration of bankruptcy a contract of consensual separation was made between Jonathan Pace and his wife Melanie, was made on the 15th May, 2014, in the records of Notary Doctor Josef Masini Vento. In the contract it was declared that the community of acquests consisted in appartment numbers 2, 3 and penthouse number 4 with its airspace in the site Waveline, Triq il-Knisja, Xgħajra, Ħaż-Żabbar. These properties had to remain in common until they are sold and from them all the debts due by each party are paid. The husband had to remain responsible for all the debts due both before marriage and those made during marriage.

The Court saw the special hypothecs which were made as regards the premises and it resulted that the hypothecs which were made in favour of the Bank were all made by Jonathan Pace and Melanie Pace or by Jonathan Pace as well as Melanie Pace who acted as surety.

… omissis …

This Court has no proof that Melanie Pace took any action as regards these hypothecs, although she knew about them. 

… omissis …

IV. Ranking

Art 535 of Cap 13 provides that the creditors who have a pledge, privilege or hypothec be ranked according to the laws in force at that time.

1. The appartment number 1 at groundfloor forming part of a complex of building with the name Waveline Complex, in Triq il-Knisja, Xgħajra, Ħaż-Żabbar, acquired by a contract in the records of Notary Reuben Debono, on the 11th June, 2009, for the price of €79,198.

… omissis …

The Court took cognizance of the hypothecs.

It does not completely agree with the conclusions of the curator of the bankruptcy.

… omissis …

Keeping in view the interests that have accrued, the ranking as regard this immovable is this;

i) The costs of the bankruptcy and the rights of the Curator of the Bankruptcy.

There follow the Special Hypothecs.

ii) 8838/2009 as corrected by 6562/2010 in favour of the Bank of Valletta plc for the sum of €104,152.40c.

… omissis …

vii) 7862/2013 in favour of SM Marketing Limited, in favour of €198,000 together with interest in the amount of €6,934.56c.

… omissis …

There follow the General Hypothecs.

viii) 8271/2008 in favour of the Bank of Valletta plc for the sum of €98,391.08c.

… omissis …

xv) 8917/2013 in favour of George Borg in the amount of €62,857, besides interests in the amount of €2095.26c.

Finally the unsecured creditors pro-rata.

2. Shop Tyson Butcher, number 15, at groundfloor level in Triq Canon Dedomenico, Iż-Żejtun, without its airspace acquired by a contract in the contracts Notary Vanessa Buttiġieg, on the 17th September, 2009, for the price of €279,524.

The Curator of the Bankruptcy reported as regards various hypothecs and privileges which were found on the property and this in the following order of priority;

i) 14399/2009 in favour of Bank Valletta plc in the amount €186,500.

… omissis …

xiii) 8915/2013 in favour of George Borg in the amount of €62,857.

The Court took cognizance of the hypothecs.

It does not agree completely with the conclusion of the curator of the bankruptcy.

… omissis …

Keeping in view of the interests which have accrued, the ranking in regard of this immovable is this;

1. The costs of the bankruptcy and the rights of the Curator of the Banruptcy.

There follow the Special Hypothecs.

… omissis …

There follow the General Hypothecs

… omissis …

and finally the unsecured creditors pro-rata.

3. Groundfloor maisonette with number 4 named Shelik, part of a complex of building named Eureka, in Triq it-Tagħlim, Żejtun, purchased by a contract in the records of Notary Joseph Smith La Rosa, on the 14th May 2008, for the price of €99,000.

The Curator of the banruptcy reported regarding various hypothecs and privleges found on this property and this in the following order of priority;

… omissis …

As a consequence, keeping account also of the interests that have accrued the ranking is the following in regard to this immovable;

i) The costs of the bankruptcy and the rights of the Curator of the Bankruptcy.

There follow the Special Hypothecs.

… omissis …

There follow the General Hypothecs.

… omissis …

Finally, the unsecured creditors pro-rata.

4.The appartment numbered 2,3 and 4 in Waveline Complex,already refered to above, acquired by a contract in the records of Notary Reuben Debono, on the 21st March, 2011, for the price of €230,000.

The Curator of the bankruptcy reported various hypothecs and privileges which were found on the property and this in the following order of priority.

… omissis …

Keeping in view also the interests accrued, the ranking is the following in regard to this immovable;

i) The costs of the bankruptcy and the rights of the Curator of the Bankruptcy.

There follow the Special hypothecs.

… omissis …

Finally the unsecured creditors pro-rata.

5. Movables.

There remains the ranking as regards the movables belonging to the bankrupt.

This has to be made as regards the general hypothecs which were made as these cover any property present and future, contrary to the special hypothecs which are linked with specific immovables;

It is stated that the movables listed which are found in the matrimonial home were mentioned in the deed of separation exhibited a fol 850 et sequitur where in page 5 of the contract (fol 854) it was declared that the two bedrooms of the minor which are found in that matrimonial home are property of Rita Bondin.

Keeping in view of the interests which accrued the ranking is the following in regard to this immovable.

i) The costs of the banruptcy and the rights of the Curator of the Bankruptcy.

… omissis …

xv) 8917/2013 in favour of George Borg in the amount of €62,857, besides interests in the amount of €2095.26c. This should refer to the whole.

Finally the unsecured creditors pro-rata.

Finally, the Court states that this order is without prejudice to that provided in Art 636 of Cap 13.

4.That the applicant felt aggrieved with the said decision regarding the ranking of creditors and thus, by means of an application, filed, on the 2nd of June, 2017, the applicant asked that this Honourable Court in terms of Article 231 of Cap 12 of the Laws granted it the special permision to appeal from the same partial judgement regarding the ranking of creditors.

5. That by means of a Decree given by the Honourable First Hall Civil Court, on the 28th September, 2017, the said Honourable Court granted the said permission and thus the applicant is presenting this humble appeal from the partial judgement regarding the ranking of creditors given on the 30th May, 2017.

i) That in the first place and and prior to everything,it is in place and clear in the Decree of the ranking of creditors of the Honourable First Court, that according to the said Honourable Court,that the creditor covered by a Special Hypothec ranks before a creditor covered by a General Hypothec.

… omissis …

That it is the humble submission of the applicant that the hypothecs, both the special and the general, rank according to the order of registration and it does not make absolutely any difference if a hypothec is of a ‘general’ or ‘special’ nature. In the humble submission of the applicant the sole difference which the law prescribes is that the special hypothecs have the ‘diritto di seguito’ whilst the general hypothecs do not have this right.

That thus in the humble submission of the applicant what has to be made in regard of every property wherever there is after the Special Hypothec of the Bank and before the General Hypothec of the Bank, there is another creditor that enjoys a Special Hypothec, that other creditor should not rank before the General Hypothec of the Bank, once the General Hypothecs of the Bank rank before both the General and Special Hypothecs of all the creditors.

(ii) That subordinately and without any prejudice the applicant felt aggrieved also, where the Honourable First Court, considered that some of the Bank’s Hypothecs rank only on one half undivided of the immovable and movable properties of the bankrupt Jonathan Pace, whilst it was clear and manifest even from the same reasoning of the Honourable First Hall, that because Jonathan Pace before his marriage was guaranteeing with all his property and after marriage the bank always obtained the joint suretyship of the same Melanie Pace.

… omissis …

iii) That subordinately and without prejudice there is also place that one deals with certain balances that the Honourable First Court declared as due from any hypothec as capital and interest … omissis … the conclusion should be that the Bank should after the privileged judicial expenses which correctly the Honourable First Court ranked as due before all the creditors be paid the sum of six hundred ninety nine thousand nine hundred fifty euro and forty two cents (€699,950.42) as above mentioned and then after the payment of the judicial costs and of the said balance of (€699,950.42) to the Bank appellant there should be paid the hypothecary creditors and afterwards the unsecured creditors.

For the reasons above brought forward the applicant humbly submits that this Honourable Court reforms the judgement appealed of the 30th May, 2017, by whilst confirming it where it declared that the Hypothecs registered in favour of Eugenio and Victoria Bondin with numbers I 16846 and I 757/2013 are null and invalid at Law and whilst confirming also the priority of the Bank on any other property whereby it declared that this ranks before the rights of any other creditor.

i) revokes where it gave any priority to the creditors such as Alf Mizzi & Sons Marketing Limited and SM Marketing before the Bank of Valletta plc except for the privileged judicial expenses due to the special Hypothecs they enjoy and 

ii) Decided that the General Special Hypothecs in favour of the creditor Bank of Valletta plc rank before those of any other creditor on all the property of Jonathan Pace except for the privileged judicial expenses of the bankruptcy and the rights of the curators of the bankruptcy.

iii) That thus it decides that the Bank of Valletta plc in virtue of the Special Privileges, General and Special Hypothecs which it enjoys is after the payment of the judicial expenses of the bankruptcy and the rights of the curator of the bankruptcy, to be paid all the sum declared as due to it of six hundred ninety-nine thousand, nine hundred and fifty euro and forty-two cents (€699,950.42) and 

iv) Decide that after the payment of the said judicial expenses and rights of the privileged curators as well as all the sum of six hundred ninety-nine thousand, nine hundred fifty euro and forty-two cents (€699,950.42), due to the Bank of Valletta plc that the other hypothecary creditors start to be paid their credits as ranked in the Decree of the 30th May, 2017.

v) Finally decide that after the privileged and hypothecary creditors are paid that the secured creditors are to be paid.

vi) With all costs against the respondents.

Appellants: Bank of Valletta plc 1/5, Misraħ San Ġorġ, Valletta

Respondents: 1) Dr Christopher Chricop, Superior Courts, Valletta.

2) Melanie Pace, Sheik, Misraħ Karmenu Grima, Żejtun.

3) Dr Richard Galea Debono, Superior Courts, Valletta.

Notify Creditors: 

1) Oliver Azzopardi- No 222, Triq William Harding, Pembroke

1) Charlo Cutajar, Joseph House, St Simon Street, Fgura

2) Genio Bondin, Genvic Farmhouse, Triq il-Ġebel, Birżebbuġa

3) Five Effs Import Co Ltd, 72/1, Triq il-Merkanti, Valletta

4) Grezzju Axiaq c/o G&S Axiaq Frozen Foods, Triq Santa Marija, Ħ’Attard

5) Pool Group Malta Ltd, Pools Office, Victory Street, Ħal Qormi

6) Quality Meat Products, Racecourse Street, Marsa

7) George Borg, Farmhouse, Ħal Farruġ, Ħal Luqa

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 given by this Court, on the 26th June, 2018, following a request of Dr Luigi A. Sansone noe it was ordered that deputy curators be chosen to represent Profit City Trading Limited and Eurl Hamad Import/Export, in the  records of the  sworn application number 635/2018 MCH, in the names Dr Luigi A. Sansone noe vs  Deputy Curators  and in the other relative and subsequent acts.

By means of a Sworn Application, filed, in the First Hall Civil Court, in the names Advocate Doctor Luigi A. Sansone LL.B. (Hons) LL.D. ( holder of Maltese Identity Card with number 258269 letter M) as special mandatary of Lacoste,  a foreign company organised under the laws of France, with an address of 23-25 Rue de Provence, F-75009, Paris, France, vs Deputy  Curators to represent: 1) Profit City Trading Limited, a foreign entity with an indication of an unknown foreign address at the date of presentation of the original sworn application; and 2) Eurl Hamad Import/Export, a foreign entity with an indication of an address of  No. 05 Cite Bouzourane Batna in Algeria and an indication of fiscal identification number of Algiers (NIF) ‘00140 502 25096 22’ on the 19th June, 2018, the applicant Advocate Doctor Luigi A. Sansone LLB ( Hons) LLD ( holder of Maltese Identity card number 258269 letter M) as special mandatary of Lacoste, a foreign company organised under the laws of France, with an address of 23-25, Rue de Provence, F-75009, Paris, France, asked this Honourable Court;

1. To declare that the entry without release for free circulation in Malta, in the course of commerce between the defendants of a quantity of objects consisting of pairs of sandals ( inside plastic packing material) which all have on them various  trademarks identical or which cannot be distinguished from those of the plaintiff company duly registered as European Union Trademarks (EU trademarks) with numbers 002979524,002979581 and 002979565, which objects are presently held under the authority of the Director General (Customs) after it was found that the container ‘TCNU 9972400’ which contained them, contravened the rights of intellectual property of the plaintiff company as regards the same European Union Trademarks above mentioned.

2. Declare that the same objects and namely a quantity of products consisting in a pair of sandals (inside plastic packing material) which all have on them various tademarks which are identical or cannot be distinguished from those of the plaintiff company dule registered as European Union trademarks (EU trademarks) with numbers 002979524,002979581 and 002979565, are falsified objects;

3. Order the Director General (Customs) to destroy those objects within a short and peremptory period without any compensation to the defendants and at their expense;

4. To take or order the Director General (Customs) to take as regard those objects any other measure in virtue of which they be definitely removed from circulation in the existing systems of commerce and that the defendants be deprived of the economic benefits of the transaction;

5. Order that the defendants are to bear all the other costs connected with this cause, including the extra-judicial expenses of the plaintiff company besides the costs in connection with the measures ordered in terms of the third and fourth demands of the plaintiffs as mentioned in this paragraph.

With costs, against the defendants who are from now summoned so that a reference to their evidence be made.

Applicant nomine: Advocate Doctor Luigi A. Sansone LL.B. (holder of Maltese identity  card number 0258269 letter M) as special mandatary of Lacoste, a foreign  company organised under the laws of France with an address of 23-25, Rue de Provence, F-75009, Paris, France; 84-85, Triq Melita, Valletta VLT 1120.

Notify Defendants: Deputy curators to represent (deputy curators to represent: 1) Profit City Trading Limited, a  foreign entity with an indication of address which is unknown at the date of presentation of the original sworn application; and 2) Eurl Hamad Import/Export, a foreign entity with an indication of address of ‘No. 05, Cite Bouzourane  Batna in Algiers and with an indication of  a fiscal identification number of Algiers (NIF)  ‘00140 502 25096 22’, Courts of Justice, Valletta (two copies).

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 Joseph R. Micallef, LLD, Doctor of Laws.

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 given by this Court, on the 15th June 2018, following a request of Carmelo sive Carl Debono et, it was ordered that deputy curators be chosen to represent the absent Anthony Nicholas Knowles, Derek James Broad, Joan Margaret Lily Farrugia, Andrew Kleon Farrugia, Lynne Teresa Farrugia and Samantha Margaret Farrugia, in the records of the judicial protest number 175/2018, in the names Carmelo sive Carl Debono et vs James sive Jack Farrugia et and Deputy Curators and in the other relative and subsequent acts.

By means of Judicial Protest, filed, in the First Hall Civil Court, in the names Carmelo sive Carl Debono (ID 0582676M) and Mark Anthony Debono (ID 0124390M) vs James sive Jack Farrugia (ID 0531444M) Denise Teresa Farrugia (ID 0600516L) and Deputy Curators to represent the absent Anthony Nicholas Knowles, Derek James Broad, Joan Margaret Lily Farrugia, Andrew Kleon Farrugia, Lynne Teresa Farrugia and Samantha Margaret Farrugia, on the 12th, June, 2018, the protesting parties Carmelo sive Carl Debono (ID 582676M) and Mark Anthony Debono (ID 124390M) respectfully pleaded;

1. That in the first place, the protested parties did not pass that due to the protesting parties, from the assets of the deceased Joseph Farrugia, son of the late Salvatore Farrugia and Teresa Farrugia née Bezzina, and nor did they pass on to them the documents related with the same;

2.That in the second place, the present judicial protest is being filed to interrupt any prescription, if it be the case, which the protested parties may try to vaunt;

3. Thus, whilst putting the protested parties, in dolo, culpa and mora for all intents and purposes of law, they call upon you to pass on that due to the protesting parties from the assets of the said Joseph Farrugia, together with documents related with the same and this saving any action due to the protesting parties.

With costs

Protesting Parties: ‘Debonair’ Triq is-Sindku P. Vella, Haż-Żebbuġ (Malta) ZBG 2430.

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, this 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 Superior Court above mentioned with the witness of the Hon. Madam Justice Miriam Hayman LLD, Doctor of Laws.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree given, by the Civil Court (Family Section) on the 22nd June, 2018, in the records of the Sworn Application, in the  names Carabott David George vs Carabott Mary sive Marion, Application number 77/18 RGM,  the following publication was ordered for the purpose of service of the defendant Mary sive Marion Carabott, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, filed, in the Civil Court (Family Section) in the names David George Carabott (ID 414884M) vs Mary sive Marion Carabott (ID 517370M) on the 2nd April 2018, the applicant David George Carabott (ID 414884M) asked this Honourable Court;

1. To pronounce the personal separation between the parties due to the torts mentioned in the application and imputable solely to the defendant and uphold the other demands in the application, amongst which that the defendant returns back and reintegrate the applicant in the possession of his paraphernal property.

With costs, against the defendant, from now summoned so that a reference to her evidence be made.

Applicant: 90, The Swans, Flat 3, Triq Mosè Gatt, Birkirkara

Respondent: 19, Davmar, Triq Barthelemy, Marsaxlokk

The Sworn Application in the names Carabott David George vs Carabott Mary sive Marion, Application number 77/18 RGM, has been put off for hearing to the 24th October, 2018, at 10.00am.

ADV. FRANK PORTELLI, LLD

For the Registrar,Civil Courts and Tribunals

By means of a decree given by the Civil Court First Hall, on the 6th July 2018, in the records of the Sworn Application in the names Fenech Ann Dr noe vs Dilja Car Imports Limited (C 27025) Sworn Application number 428/18 JZM, the following publication was ordered for the purpose of service of the defendant company Dilja Car Imports Limited (C 27025), in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application, filed, in the Civil Court First Hall, in the names Dr Ann Fenech (ID 28763M) on behalf and in representation of the foreign company Heiwa Auto Co. Ltd, registered in Japan vs Dilja Car Imports Limited (C 27025) on the 4th May, 2018, the applicant Dr Anne Fenech noe (ID 28763M) on behalf and in representation of the foreign company Heiwa Auto Co. Ltd, registered in Japan, asked the respondent company saving any necessary and opportune declaration and without proceeding to a hearing of the cause in terms of Article 167 of Cap. 12 of the Laws of Malta, why this Honourable Court should not,

i) Condemn the defendant company to pay the plaintiff companies the global sum consisting in five million seven hundred sixty-four thousand Japanese Yen (JPY 5,764,000), equivalent at today’s rate of exchange to the amount of forty three thousand, nine hundred and eighty nine euro and ninety-three cents (€43,989.93) besides further interests till the date of effective payment.

With costs, as demanded in the application against the defendant company from now summoned so that a reference to its evidence be made and saving any other action due to the plaintiffs.

Applicant: 198, Old Bakery Street, Valletta

Respondent: Dilja Car Imports, Labour Road, Marsa

The Sworn Application in the names Fenech Ann Dr noe vs Dilja Car Imports Limited (C 27025) has been deferred for hearing to the 27th September, 2018, at 9.00 a.m.

ADV. FRANK PORTELLI, LLD

For the Registrar,Civil Courts and Tribunals

Notice is hereby given that by means of an application filed in the Civil Court (Voluntary Jurisdiction Section) on the 2nd of June 2018 by Mary Rose, Saviour, Emanuel and Nicolina, all siblings Sciberras, number 1031/2018, wherein they prayed to be declared open in their favour in shares of one fourth (1/4) undivided each the Succession of their mother Caterina Sciberras (ID 0840736M), widow of Francesco, daughter of the late Antonio Zammit and Salvina née Camilleri, born and resided at Mqabba and died at Tal-Qroqq, Msida, on the 23rd of August, 2017, aged 80 years.

Whoever considers that has an interest, he is being called to enter his opposition by means of a note within fifteen days from the posting of the banns and the notices according to Law.

MARCEL BUGEJA

For the Registrar, Civil Courts and Tribunals

By a decree given on the 3rd July, 2018, by the Civil Court First Hall, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to Article 187 (3) of the Code of Organization and Civil Procedure (Cap. 12):

By decree given by the Civil Court, First Hall, on the 3rd July, 2018, and by judgment given by the Onor. Judge Lorraine Schembri Orland on the application of Genovese Marcellino (KI459661M) numbered 212/2017 LSO, Tuesday, 23rd October, 2018, at eleven in the morning (11.00 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:

Property numbered 8, named ‘Molineux’ in Triq Ward ix-Xemx, Fgura, with all its rights and appurtenances valued at €105,000.

The said tenement is the property of Genovese Anna (ID 56163M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 15/2018.

RUDOLPH MARMARÀ

For the Registrar of Civil Courts and Tribunals