Court Notices published in Govt. Gazette No. 20,066 of 5th October 2018

ARB/C006/2018 – NEW FREEZING ORDER 

IT IS BEING NOTIFIED that by a decree dated 29th September, 2018 given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry  (Magistrate Dr Donatella M. Frendo Dimech, LLD). Compilation number 622/18 in the case: 

The Police 

(Inspector Frank Tabone) 

Versus

PEDRO HENRIQUE CORREIA DE SOUSA, 36 years, bartender, son of Joao and Fatima née Correia, born in Setubal, Portugal, on the 25th November, 1981, without a fixed address in Malta and holder of Portuguese passport bearing number N341560 and Maltese identity card bearing number 63104A. 

ORDERED the attachment in the hands of third parties in general of all moneys and other movable or immovable property due to or pertaining or belonging to PEDRO HENRIQUE CORREIA DE SOUSA and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property and this according to Section 22A and Section 22AB of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta, and Article 120A(2A) of the Medical and Kindred Professions Ordinance, Cap. 31 of the Laws of Malta. 

Any person who acts in contravention of the court order mentioned in Section 22A referred to above shall be guilty of an offence and shall on conviction be liable to a fine (multa) not exceeding eleven thousand and six hundred and forty-six euro and eighty-seven cents (€11,646.87), or to imprisonment for a period not exceeding twelve months, or to both such fine and imprisonment.

Any transfer or other disposal of any immovable property made in contravention of the said Court order shall be null and without effect at law. 

THE DIRECTOR 

Asset Recovery Bureau

On behalf of the Registry of the Courts of Criminal Jurisdiction (Malta)

It is hereby notified that the Court of Magistrates (Malta) by means of a decree given on the 18th September, 2018, in the records of the judicial letter number 2527/18, in the names Malta Public Transport Services (Operations) Limited vs Stephen Camilleri et, ordered the following publication for the purpose of effecting service on the defendant Stephen Camilleri, in terms of Article 187(3) of Cap. 12.

In the Courts of Magistrates (Malta)

Stephen Camilleri of 41, Flat 6, Triq il-Miratur, Floriana.

Citadel Insurance plc

By means of this present 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 12th December, 2016, in Triq il-Kbira San Ġużepp, Ħamrun, between the vehicle with registration number BUS 128 driven by Emmanuel Sammut and property of the interpellant company, and the vehicle with registration number LCB 351 driven by the respondent Stephen Camilleri and insured by the respondent insurance company.

Because this accident occured because of your carlessness, lack of skill, negligence and lack of observation of the traffic regulations on part of the respondent Stephen Camilleri, 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 €1264.40.

In default, the interpellant company will proceed against you without further notice.

So much for your own guidance and regulise your position.

With costs and legal interest till the effective payment

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court (Family Section) on the 18th September, 2018, in the records of the Application in the names Eve Bezzina vs Nacer sive Joseph Messaudi, in the records of the Letter of Mediation Number 798/18, the following publication was ordered for the purpose of service of the respondent Nacer sive Joseph Messaudi, in terms of Article 187(3) et sequitur of Cap 12.

By means of an Application, presented in the Civil Court (Family Section) in the names Eve Bezzina vs Nacer sive Joseph Messaudi, on the 22nd June, 2018, the applicant Eve Bezzina (ID 574890M) respectfully pleaded:

That from a relationship the parties had, the minor ... omissis ... who today is eight years old was born.

That the parties signed a contract in the records of Notary Tonio Cachia to regulate the care, custody, access and maintenance of the minor.

That some time after the contract was signed the respondent had left Malta to Thailand for more than three months and this without any reason.

That since he came back the respondent is exercising his right of access sporadically.

That lately the minor is feeling that she needs to seek professional help because she is not happy that her father is not taking any interest in her.

That thus the interpellant made arrangements so that the minor starts to attend sessions with the play therapist Marica Busietta.

That despite that the interpellant informed the respondent about this he refused to give his consent so that the minor attend for sessions with Marica Busietta but insisted to attend sessions with play therapist Daniel Mercieca.

That the minor felt that she does not wish to attend at the same therapist but at someone new and it was for this reason that the therapist Marica Busietta was recommended.

That furthermore the respondent is not paying any form of maintenance despite that according to the contract he is obliged to deposit the sum of £100 monthly for the needs of the minor.

Thus, for the reasons premised the interpellant humbly prays this Honourable Court so that;

1. It authorises the interpellant to make all the arrangements so that the minor ... omissis ...  starts to attend for sessions of play therapy with the therapist Marica Busietta and this without the need of the consent of the respondent;

2. Authorise the interpellant to take all the decisions which are in the interest of the minor and this without the consent of the respondent.

3. Order the respondent to start attending a parental course in order to avoid damage to the minor so that there be developed a healthy relationship between the respondent and the minor.

Applicant: 7, Sunbirds, Triq Vincenzo Maculano, Fgura

Respondent: Christian Court, Flat 1, Triq ix-Xmiel, Marsaskala

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree, given by the First Hall Civil Court, on the 14th June, 2018, in the records of the Application in the names Commissioner for Revenue vs Per Anders Daniel Renner (ID 65702A) application number 302/18 JPG, the following publication was ordered for the purpose of service of the respondent Per Anders Daniel Renner, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, filed, in the First Hall Civil Court, in the names Commissioner for Revenue vs Per Anders Daniel Renner (ID 65702A) on the 4th April, 2018, the applicant Commissioner for Revenue respectfully pleaded:

That Council Directive No 2010/24 /EU, namely the Mutual Assitance for the Recovery of Claims relating to Taxes, Duties and Other Measures Order of the 16th March 2010, promotes and regulates collaboration between Member States in respect of recovery of tax or/ and duties owed by debtors of one Member State who are present in another Member State’s territory and other measures;

That the Directive has been implemented in the Laws of Malta by virtue of the said Order transposed in Legal Notice 153 of 2012, which Legal Notice came into force on the 1st January, 2012, and permits the Minister responsible for Finance, as the competent authority, to collect the tax owed in the name of other Member States where the debtor is present in Malta;

That in terms of the mentioned Directive, the competent authority of Sweden, or rather the applicant authority has made a claim for assistance to the applicant Commissioner for Revenue, acting on behalf of the Minister responsible for Finance, so that the applicant recovers tax that is owed to the applicant authority;

That the respondent owes tax to the Swedish applicant authority in the amount of three thousand, nine hundred and fifteen euro and eighteen cents (€3,915.18) as results from the Uniform Enforcement Instrument here attached and marked as Doc. A and Doc. B together with interest due by law;

That the respondent has been indicated as being present in Malta and thus applicant is proceeding to recover the mentioned amount since the said debt is deemed to be owed to the applicant Commissioner for Revenue, in terms of Article 9 of the mentioned Legal Notice;

That the applicant is satisfied that the requisites imposed by the mentioned Directive have been met with respect to this claim for recovery.

That furthermore, the respondent has a right to a translation of Doc. A and Doc. B into any one of the official languages of the European Union or of the requested Member State if available. A document is being hereby attached and marked as Doc. C to inform the respondent company that it may request the mentioned translation within seven (7) days of service of Doc. A and Doc. B.

To that extent thus and in view of the above the applicant respectfully requests that this Honourable Court in accordance to sub-articles 9(6) and (7) of the mentioned Legal Notice, in the first instance orders a copy of this application together with the documents hereby attached and marked as Doc. A and Doc. B and Doc. C to be served upon the respondent according to the relevant provisions of Cap. 12 of the Laws of Malta, and in the second instance to order the registration of the same Doc. A and Doc. B as official copy of the same, so that said document constitutes an executive title.

List of documents:

Doc. A: Uniform Enforcement Instrument issued by the requesting authority of Sweden.

Doc. B: Uniform Enforcement Instrument issued by the requesting authority of Sweden.

Doc. C: Document that informs the respondent of this right to request a translation of Doc. A and Doc. B. 

Applicant: Commissioner for Revenue, Inland Revenue Department, Floriana FRN 0170

Service: Per Anders Daniel Renner, Flat 6, Summertime, Triq Giuseppe Despott, Qawra, St Paul’s Bay SPB 1731

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By a decree of the Court of Magistrates (Malta) of the 20th September, 2018, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap.12).

Crown Cold Stores Limited (C 505) of Crown Cold Stores Limited, Triq il-Kanun, Ħal Qormi filed a Claim on the 22nd May, 2018, whereby they asked the Court to condemn Edmond Vella (ID 83487M) of Flat 2, Melitae Court, Triq Monsinjur Anton Cilia, Ħaż-Żebbuġ, Malta, to pay the plaintiff company the sum of €6, 657.02 which amount is due to the plaintiff company.

With costs and legal interests

The case (Notice Number 124/18SG) is deferred to the 24th October, 2018, at 9.00 a.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court (Family Section) on the 19th September, 2018, in the records of the Letter in the names Analise Brincau vs Raymond Brincau, Letter Number 454/17, the following publication was ordered for the purpose of service of the respondent Raymond Brincau, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Urgent Application, presented in the Civil Court (Family Section) in the names Analise Brincau vs Raymond Brincau, Letter Number 454/17, on the 9 th August, 2018, the applicant Analise Zahra (ID 9489M) respectfully pleaded:

1. That the applicant separated from the respondent by means of a contract in the records of Notary Daniel John Bugeja, of the 28th March, 2018;

2. That the applicant has the care and custody of the minor ... omissis ... and this because the respondent never had any contact with the minor;

3. That on the 6th June, 2018, the applicant filed an application before this Court:

a) so that the Court authorises the issuing of a passport for the said minor;

b) authorises the applicant to collect the same passport from Identity Malta 

and this saving any provision that this Honourable Court deems fit to impose;

4. That the applicant had to file this application because Raymond Brincau, whilst he had given his consent for the issuing of the passport of the minor ... omissis ..., never had any interest to collect the same passport from Identity Malta;

6. That on the 26th July, 2018, the Honourable Court gave a decree which reads ‘Upholds the requests but the passport has to be restricted to this trip’;

7. That in fact the applicant does not have the tickets to go abroad and this because she did not have the authorisation of the Honourable Court;

8. That it was only Identity Malta that today asked the father to collect the passport and the minor’s passport was not collected because the father does not have an interest for the minor;

9. That as the decree indicates it shall be restricted to this trip and because till the applicant does not have the passport she does not wish to pay for this trip without certainty that she shall go, and thus filed this application;

And this so that the applicant be authortised to collect the passport of the minor ... omissis ...

Thus in view of the above the applicant humbly prays this Honourable Court:

a) to deal with this application urgently;

b) vary the decree given by this Court on the 26th July, 2018, in order to authorise the applicant to collect the passport of the minor mentioned;

and this saving any provision this Court deems fit to impose.

Applicant: Block A, Flat No A, Triq Eugenio Borg, Ħamrun

Respondent: 36, Flat 2, Mayfair, Triq il-Kanun, Santa Venera

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

It is hereby notified that by a decree of the Small Claims Tribunal of the 27th April, 2018, the publication of the following extract was ordered for the purpose of service on Adventurer Ltd in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

Salvu sive Sammy Fenech (ID 296767M) of 3, Villa Griscti, Dawret in-Nawfraġju, Xemxija, St Paul’s Bay SPB 4801, filed a Claim on the 26th September, 2017, whereby he asked the Tribunal to condemn Miroslaw Rodziewicz and by a decree of the 16th February, 2018, Adventurer Limited was called into suit of 89, Triq Sant’Antnin, Buġibba, St Paul’s Bay, to pay the plaintiff the sum of €814.20 which amount is due to the plaintiff.

The case (Claim Number 452/17AM) is deferred on the 26th October, 2018, at 12.30 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 4th September, 2018, of the Civil Court First Hall in the records of judicial letter number 4722/2017, in the names Commissioner for Revenue vs Roderick Falzon 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 Roderick Falzon (ID 328877M) in your own name and also as director for and on behalf of Comprod – Group Limited (C 28020).

  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 €27,860.01 representing amount due by you pro et noe as value added tax according to the same Act .

With costs and interest according to the said Act 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 pro et noe by means of a notice sent to you. 

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

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

Notification: 

Roderick Falzon, 6 Alison Flat 2, Triq l-Istampaturi, Santa Venera

Comprod – Group Limited, Carmel Garage, Triq l-Għollieq, Santa Venera SVR 1660

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree of the Court of Magistrates (Malta) of the 30th August, 2018, the publication of the following extract was ordered for the purpose of service in terms of Article 187(5) of the Code of Organisation and Civil Procedure (Cap 12).

Alfred Schembri (ID 0459490M) of Santa Rita, Triq il-Kus, Birżebbuġa, filed a claim on the 17th April, 2018, whereby he asked the Court to condemn Soutwin Properties Limited (C 40933) of 12, Spring, Triq il-Bisqallin, Żejtun, to pay the plaintiff the sum of €13,000 which amount is due to the plaintiff.

With costs and interests

The case (Notice Number 94/18SG) is deferred to the 24th October, 2018, at 9.00 a.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Court of Appeal, on the 19th September, 2018, in the records of the Application in the names Mario Micallef vs Philip Caruana et, Application Number 740/03, the following publication was ordered for the purpose of service of the respondent Philip Caruana, in terms of Article 187(3) et sequitur of Cap 12.

Whereas the written procedures in the case before the Court of Appeal, in the case between Mario Micallef vs Philip Caruana, and by decree of the 17th November, 2003, Omnibus Pool intervened in the case in statu et termini, have been closed, the Court fixed the hearing of the case on Tuesday, twenty-sixth (26) of June, 2018, at 9.30 a.m. and deferred to 9th October, 2018, at 10.00 a.m.

Notify respondent: Bena Vista, Flat 2, Triq il-Qawra, St Paul’s Bay

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the First Hall Civil Court, on the 9th July, 2018, in the records of the Application in the names Cilia Christopher Adv. Cr. Noe vs Ellul and Bugeja Company Limited (C 70846), Application 405/18 LM, the following publication was ordered for the purpose of service of the defendant company Ellul and Bugeja Company Limited (C 70846) in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, filed, in the First Hall Civil Court, in the names Adv. Dr Christopher Cilia LLD (ID 121268M) as special mandatary of the absent Harold Urschitz (holder of Austrian passport number 1049 1040) and residing AM Rain 37,6135, Stans, Austria, as duly authorised in virtue of a special power of attorney hereby attached as Doc. A vs Ellul and Bugeja Company Limited (C 70846) on the 30th April, 2018, the applicant Adv. Dr Christopher Cilia LLD nomine asked this Honourable Court:

1. To declare that the respondent company is solely responsible for all the damages suffered by the plaintiff even in the permanent disability he incurred as a result of the incidents which occurred on the 9th June 2016, whilst the plaintiff who was operating a jet ski leased to him by the respondent company in the vicinity of the Amazonia Lido, in Dawret il-Ġzejjer, in Saint Paul’s Bay, Malta, liquidated the damages suffered and condemn the respondent company to pay the sum liquidated.

With costs and with interest as demanded against the respondent company summoned so that a reference to its evidence be made.

Applicant: Adv. Dr Chris Cilia, IC Law, Triq l-Għenba, Ħ’Attard

 Respondent: Ellul and Bugeja Company Limited (C 70846), 306, ‘Il-Ġilju’, Triq Santa Duminka, Ħaż-Żabbar

The Sworn Applicatipon in the names Cilia Christophrer Adv. Dr Noe vs Ellul and Company Limited (C 70846), Application number 405/18 LM, has been deferred to the 12th October, 2018, at 9.00 a.m.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals 

By a Decree of the 20th July, 2018, given by the Courts of Magistrates (Gozo), Superior Jurisdiction, General Section 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 means of an application, at the Courts of Magistrates (Gozo), Superior Jurisdiction, General Section filed on the 17th July, 2018, from Anton and Jane spouses Bugeja in the judicial letter 368/2018 in the names Anton and Jane spouses Bugeja versus Maria Tabone pro et noe et respectfully submitted that:

To: Maria Tabone in her own name and on behalf of her brother Eucharist Tabone who resides abroad, 36B, January Street, Xagħra, Gozo

By virtue of the present judicial letter Anton and Jane spouses Bugeja of “Dar il-Kenn”, January Street, Xagħra, Gozo holders of identity card numbers 42864(G) and 3568(G) respectively make reference to your judicial letter bearing progressive number two hunder of the year two thousand and eighteen (200/2018) dated thirteenth (13th) April, 2018. With reference to that indicated in the afore-mentioned judicial letter, spouses Bugeja observe the following:

a) It is not true that the stairway in question has been there since 1981. This for the simple reason that the development was carried out in 1992, after the issue of development permit number PAPB 2345/91/1A. Therefore, it cannot be said that the thirty-year prescriptive period has elapsed to your benefit;

b) The spouses Bugeja stress that the stairway is encroaching and obstructing the alley as it is reduing its original width. In fact, according to the original plans, the stairway had to form part of the building itself, rather than emerging onto the alley. This results from the same plans relative to the 1992 permit. Spouses Bugeja emphasise that you had no right to reduce the width of the alley, and they once again stress that this stairway should be removed such that the original width of the alley is re-established;

c) By virtue of the fact that the stairway is occupying a part of the alley, anything that is attached thereto, that is, the tap and water-pipe, automatically lies in the airspace of the alley;

d) Apart from the fact that the stairway was not built in accordance with the approved plans, there exist various irregularities on your site, including irregularities in the building, as well as the fact that the water supply was installed through public land. It is also to be noted that the plans do not indicate the existence of other passageways on site;

e) As regards the stone benches, spouses Bugeja reiterate that these should not be in the alley and passageway, and they therefore insist that these benches are removed.

Therefore, by virtue of the present judicial letter spouses Bugeja once again solicit you to remove the stairway, water tap and stone bench indicated within a week from the date of notification of this judicial letter, and to restore the alley and the passageway to their original width.

This is the final notice, and should you fail to comply within the time-frame granted, court action will be taken against you in terms of law without any further notice.

This so that you may be better advised and so that you avoid further judicial costs.

With the costs of the present judicial letter

DIANE FARRUGIA

For the Registrar, Courts and Tribunals (Gozo)

By decree given by the Civil Court, First Hall on the 1st October, 2018, on the application of HSBC Bank Malta plc (C 3177), Tuesday, 20th November, 2018, at noon (12.00 p.m.) has been affixed for the sale by auction to be held on the First Floor, Courts of Justice, Triq ir-Repubblika, Valletta of the following property.

Shop officially numbered seven hundred and twenty (720) in Triq il-Kbira, Ħamrun without airspace underlaying property of third. The shop has a common rainwater and drainage system with the overlaying property and is subject to servitudes which result from the said position. The property is subject to an annual ground rent of €467.87 valued at  €255,000.

Shop officially numbered seven hundred and twenty-one (721) in Triq il-Kbira, Ħamrun. The shop is subject to servitudes which result from the said position free and unencumbered valued at €132,000.

The said 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

For the Registrar, Civil Courts and Tribunals

By decree given by the civil court, first hall on the 4th June, 2018, on the application of Enemalta plc f/k as Enemalta Corporation, Thursday, 8th November, 2018, at eleven in the morning (11.00 a.m.) has been affixed for the sale by auction to be held on the First Floor, Courts of Justice, Triq ir-Repubblika, Valletta of the following property.

Half undivided share of a divided portion of a field known as ‘Tax-Xluq’, in the district of ‘Ta’ Ħal Xluq’, limits of Siġġiewi, bordering from the West with Triq ta’ Bur it-Tokk from where it has the access from the North with another portion which consists of a dry land field of measuring circa half an acre which is equivalent to 619.17mk valued at €12,000.

The share of two portions of land forming part of a field in the limits of Ħal Għaxaq known as ‘Tal-Ghiza’ or ‘Tal-Fortizza ta’ Karaċċ’ bordering from the North in part with a property of the Government of Malta and in part with property of Vitor known as ‘Ta’ Berber’, from the West with a street named ‘tal-Karaċċ’ from where is the entrance, from the East with property of Vitor known as ‘Ta’ Berber’ and from the South with property of Mikiel ta’ Ghita. 

The other portion borders from the North and from the East with street known as ‘Tal-Ghiza’ and in part with property of Vitor known as ‘Ta’ Berber’, from the West partly with property of Vitor known as ‘Ta’ Berber’ and in part with the portion of land described before and from the South with a land of Mikiel ta’ Ghita. 

The two portions with all its rights and appurtenances are valued at €46,000.

The said tenement is the property of Azzopardi Joseph (ID 21443M).

N.B. The said tenement will be sold as described in the Judicial Sales Act 71/16.

RUDOLPH MARMARÀ

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on the 1st October, 2018, on the application of Dr Joan Bland sive Yana Mintoff Bland (ID 706451M) et, Tuesday, 20th November, 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, Valletta of the following property.

Divided portion fabricable land in Ħal Safi forming part of a territory known as ‘Ta’ Danjel’ of circa 198.77 metres squared subject to an annual and perpetual ground rent of €93.17 including the benefits on the same land including  the house named Mount Blanche in Triq il-Kuċċard, Ħal Safi.The property is valued at €350,000.

The said tenement is the property of Polidano Josephine (ID 334383M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 29/2013.

RUDOLPH MARMARÀ

For the Registrar, Civil Courts and Tribunals