Court Notices published in Govt. Gazette No. 20,083 of 6th November 2018

ARB/C011/2018 – NEW FREEZING ORDER 

IT IS BEING NOTIFIED that by a decree dated 31st October, 2018, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Josette Demicoli LLD). Compilation Number 694/2018 in the case: 

The Police 

(Inspector Frank Anthony Tabone)

Versus

 SAGE GAUCI, 19 years, car wash attendant, son of Ersilia née Gauci, born in Tal-Pietà, Malta on the 23rd of April, 1999, residing at 46, Fl 5, Triq Marsamxett, Valletta and holder of Maltese identity card bearing number 141699M. 

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 SAGE GAUCI and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property and this according to Section 22A of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta and of Section 23A of the Criminal Code, Cap. 9 of the Laws of Malta. 

The Court AUTHORISED the said accused to continue to receive as salary and/or social benefits the amount that does not exceed thirteen thousand, nine hundred and seventy-six euro and twenty-four cents (€13,976.24) per year after the accused indicates with a note from where they are perceiving this money.

Any person who acts in contravention of the court order mentioned in Section 22A and Section 23A 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)

By means of a decree given by the Constitutional Court, on the 2nd November, 2018, in the records of the Application in the names Steve Mallia et vs the Attorney General, Application number 39/15, the following publication was ordered for the purpose of service of the respondents Steve Mallia and Ariadne Massa, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application by Urgency, filed in the Constitutional Court, the applicant Attorney General asked the respondents Steve Mallia and Ariadne Massa be notified by means of the following publication as above stated.

By means of a decree of the 2nd November, 2018, the Court above mentioned upheld this request.

That by means of an Application, presented in the Constitutional Court, Application Number 39/15, in the names Steve Mallia (ID 39167M) and Ariadne Massa (ID 65774M) vs The Attorney General, on the 10th November, 2017, the applicant Attorney General premised and asked:

1. That by a Notice (number 301/2010) presented before the Court of Magistrates (Malta) (later on called the Magistrates Court) on the 23rd August, 2010, Paul Pace (ID 126164M) as President of the Malta Union of Midwives and Nurses, Colin Galea (ID 831269M) as Secretary General of the Malta Union of Midwives and Nurses, George Saliba (ID 645458M) as Secretary General of the Malta Union of Midwives and Nurses and Maria Cutajar (ID 426575M) as Vice-President of the Malta Union of Midwives and Nurses (together later on in this deed called the plaintiffs, the present applicants were asked to state why they should not be condemned by the Court of Magistrates to pay the plaintiffs or either of whom that sum liquidated by this same Court, by way of damages in terms of the Press Act (Cap. 248 of the Laws of Malta) suffered by the plaintiffs as a consequence of the libel caused to them by means of the Article entitled ‘Patients swindled in scam - Top MUMN official investigated, that appeared in the first page (and continued in page 4 of the issue of Sunday 22nd August, 2010, of the journal ‘The Sunday Times’ because according to the plaintiffs that publication was untrue and libellous in their regard.

2. That for that claim on the 6th September, 2010, the present applicants pleaded that 1) the Article de quo does not allege anything in regard to the plaintiffs ... omissis ... and ii) that in subsidium the same article consists only in just and informative reporting of a report made with the Health Department and a subsequent inquiry which is being made by the Police regarding a case of alleged fraud in regard to patients of Mater Dei Hospital.

3. That in virtue of the judgement of the 17th September, 2012, the Magistrates Court rejected all the pleas of the present applicants and upheld the plaintiffs’ requests.

4. That as the present applicants felt aggrieved by the judgement of the Court of Magistrates of the 3rd October, 2012. They brought forward an appeal therefrom before the Court of Appeal.

5. That the plaintiffs replied to this Appeal by means of a reply filed on the 30th October, 2012, were they insisted that the judgement of the Court of Magistrates is just and correct and merits to be confirmed and the Appeal of the present applicants rejected.

6. That on the 3rd June, 2012, after the Court of Appeal, heard only the plaintiff’s side, namely the present applicants, it deferred the same Appeal filed by the present applicants.

7. That in virtue of a judgement of the 14th January, 2015, the Court of Appeal differently presided from the same Court which heard the pleadings deferred the appeal filed by the applicants by upholding it, only in regard to the amount of damages liquidated by the Court of Magistrates.

8. That thus in virtue of the judgement of the Court of Appeal, of the 14th January, 2015, the legal position between the parties in the cause in the names Paul Pace et versus Steve Mallia et (Notice Number 301/2010) was established, namely that the present applicants libelled the plaintiffs.

9. That although the judgement of the 14th January, 2015, of the Court of Appeal reduced the pecuniary element of the judgement given, by the Court of Magistrates, there remains the ugly and hard fact that by means of the plaintiff’s proceedings as definitely decided by the Court of Appeal, with the judgement of condemnation indicated, in regard to the present applicants there was violated their right of freedom of expression as protected by Article 41(1) of the Constitution of Malta and Article 210(1) of the European Convention for the Protection of Human Rights and Fundamental Liberties and this for the following reasons:

The freedom of expression protected by Article 41(1) of the Constitution and Article 10(1) of the Convention includes the freedom of communication of information without restriction;

… omissis …

The fact that four persons were summoned following a report that one is being investigated so that the present applicants be condemned as regards the plaintiffs or ‘either of whom’ reveals as a fact both according to the same plaintiff’ top MUMN official does not identify anyone or more of them’.

… omissis …

Unfortunately, both the Court of Magistrates as well as the Court of Appeal, in this case decided to presume bad faith whilst they avoided all the factors which could have been determinant to decide whether the journalist acted in good faith or not. It is the case that in this regard the Court of Appeal considerably revised the judgement of the Courts of Magistrates, but in its assessment regarding the use of the word top, the Court of Appeal, unfortunately interpreted wrong and ulterior motives or negligence on the part of the journalist Ariadne Massa, ‘when reference was made in the said article that the person involved was high official within the MUMN because the article writer went far from the investigative role and exceeded in sensationalism.

… omissis …

The freedom of expression protected by Article 41(1) of the Constitution and Article 10(1) of the Convention is the rule whilst the limitation imposed by the Press Act (Cap. 248 of the Laws of Malta) is the exception. As an exception it has to be applied restrictively otherwise it shall exceed its legal parameters.

Thus the applicants asked this Court to ‘declare and decide that by the judgement given by the Court of Magistrates (Malta) on the 17th September, 2012, and by the judgement given by the Court of Appeal, on the 14th January, 2015, in the cause in the names Paul Pace (ID 126164M) et versus Steve Mallia (ID 3912676M) et their right of freedom of expression as protected by Article 41(4) of the Constitution of Malta and Article 10(1) of the European Convention for the Protection of Human Rights and Fundamental Freedoms was violated.

… omissis …

That in his reply the interpellant pleaded the following:

‘That the complaint of the applicants is that allegedly they suffered a violation of Article 10(1) of the European Convention and Article 41(1) of the Convention of Malta and this because that ‘although the judgement of the 14th January, 2015, the Court of Appeal reduced the pecuniary element of the judgement given by the Court of Magistrates, there remains the ugly and hard fact that by the proceeding of the plaintiffs as definitely decided by the Court of Appeal with the judgement indicated the present applicant suffered a violation of his freedom of expression. That the interpellants contested the allegations and claims of the plaintffs since they are unfounded in fact and at law for the following reasons;

1. That in the first place the original application is frivolous and vexatious and abusiuve of the judicial process in terms of Article 46(5) of the Constitution of Malta and Article 4(5) of Cap. 319 of the Laws of Malta.

… omissis …

That the interpellant felt aggrieved by the judgement mentioned of the First Hall Civil Court (Constitutional Jurisdiction) of the 23rd October, 2017, and this since the First Hall Civil Court (Constitutional Jurisdiction) decided that the applicants suffered a violation of their right of freedom of expression as sanctioned by Article 41(1) of the Constitution of Malta and Article 10(1) of the European Convention.

Facts

… omissis …

That the Court of First Instance completely avoided the necessity of such verifications as indicated in the application by concluding that the publication could be made without the necessity that one awaits a counter-comment and this in the public interest. That with all respect the interpellantr submits that the verifications that had to be made with the MUMN itself in order to estsablish whether Alex Manche was effectively ‘top’ MUMN official. That it was amply proved that this verification was not made.

That as well observed by the Court of Appeal (Inferior Jurisdiction) in its judgment of the 14th January, 2015, it was observed that ‘That although as already stated there is no doubt that the journalist’s report was principally investigative and informative however when reference was made in the said Article that the person involved was a high official within the MUMN the article writer went afar from the investigative role and exceeded in sensationalism.

That from a reading of the title together with the article published, the reader was induced to understand that the article was referring to one of the four persons that instituted procedures of libel against the applicants. That as amply results from the proof the respondent did not carry out the necessary verifications and despite of this still published her article with serious prejudice to the four persons which initiated the libel proceedings against her.

… omissis …

3. That the Court of First Instance was not just when the Court of First Instance as a remedy liquidated the amount of Eur2,090 to each of the respondents as pecuniary damages with legal interests from the date of the judgement of the Court of First Instance.

… omissis …

That the amount liquidated is without prejuduce to the above excessive and certainly the interpellant should not have been burdened with the payment of this amount of compensation. That without prejudice to the grievance of the interpellant that no violation of the right of the appellant took place the interpellant submitted that the remedy that should be given on the part of the Court of First Instance was the cancellation of the judgement from which the same appellants were complaining and not that they be ordered to ‘refund’ to the respondents all the amount they paid to third parties.

That it thus follows that this grievance is justified and should be upheld.

Thus, the interpellants whilst referring to the proof produced and whilst reserving to produce that further proof permitted by law at this stage of Appeal, respectfully prays that this Honourable Court, for the reasons premised cancel and annul the judgement appealed on the 23rd October, 2017, with costs of both instances against the respondents.

Appellant: 

Attorney General, Office of the Attorney General, The Palace, Valletta

Respondents: 

1. Steve Mallia, 154, ‘Four Winds’ Flat 1, Triq l-Indipendenza, Ħal Għargħur

2. Ariadne Massa, ‘Oliva’ Flat 3, Triq San Vinċenz, Tas-Sliema

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

NOTICE BY THE REGISTRY OF THE CIVIL COURT, FIRST HALL

Whereas Chidi Joseph Achokwu noe (ID 482312L) filed an application under oath (No. 1079/2018/LSO) demanding correction in the act of marriage no: 1473/2008 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,

JOSETTE DEMICOLI

For Registrar, Civil Courts and Tribunals

DKR 52/2010 – VARIATION OF A FREEZING ORDER

It is being notified that by a decree dated 11th September, 2018, given by the Criminal Court (Mr Justice Dr Giovanni M. Grixti LLD) after an application filed by HSBC Bank Malta plc on the 24th August, 2018, Bill of Indictment Number 7/2012, in the case:

The Republic of Malta

versus

Henry Grogan;

Neville Mamo;

Luke Muscat, 28 years, son of Anthony and Josephine née Calleja, born in Tal-Pietà, Malta on the 17th November, 1989, residing in number 31, Flat 3, Triq il-Kulleġġata, Birkirkara, Malta and holder of Maltese identity Ccard number 530689M;

 and

… omissis …

The Court authorised HSBC Bank Malta plc to receive the debit payments from the accused Luke Muscat which he has with the same bank that are:

€8,644.86 representing the due balance on the Personal Loan of which the sum of €3,510 representing the interests calculated till 07/08/2018;

€1,106.90 representing the due balance on the account number 027-048362-341 also indicated as 027-048362-001 and 027-048362-050 which represents the encroachment of which the sum of €420.33 represents the interests calculated till 07/08/2018;

€1,058.19 representing the due balance on the account number 027-048362-342 also indicated as 4568823098203350 (VISA) of which the sum of €398.82 represents the interests calculated till 07/08/2018;

 As well as to receive any bank charges and the relative interests for the said mentioned debts.

The Court upholds the request limitedly in regarding the life insurance policy with number 100-017562, now matured, issued by HSBC Life Assurance Ltd in 2007 that the above debits may be received from this life insurance policy provided that any other funds may be excluded in any way to stop any other credits unless further authorisation by the Court. 

This variation is being published in terms of Section 22A of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta and section 23A of the Criminal Code, Cap. 9 of the Laws of Malta following another variation which decree was given on the 6th July, 2017, which was published in the Government Gazette of the 29th August, 2017, and following another variation which decree was given on the 28th January, 2011, which was published in the Government Gazette of the 11th February, 2011, and following a freezing order dated 12th February, 2010, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dott. Consuelo Scerri Herrera LLD) where the Court ordered the attachment in the hands of third parties in a general manner, all monies and other movable and immovable property which may be due to or belonging to Henry Grogan, Luke Muscat and Alan Muscat.

DR JOHN SEYCHELL NAVARRO, DIP. HLTH SCIENCE, DIP. MGMT STUD., DIP. NOT. PUB., LLB, LLD

Assistant Registrar, Criminal Courts and Tribunals

By means of a decree given on the 25th of October, 2018, by the Civil Court (Voluntary Jurisdiction Section) in the application number 1620/18 filed on the 23rd of October, 2018, by Alfrida Walker whereas they prayed this Honourable Court to declare absent and nominate a curator for the absent Joseph Walker, son of William Richard Walker and Ann née Mallia, born in St Julian’s on the 1st of November, 1949, with birth certificate number 9107/49, who has been absent from these islands and no news about him was ever heard, to administer his assets and to take all the necessary orders to safeguard all his property, this Court ordered the issuing of this Notice, in terms of Article 194 et sequitur of Cap. 16.

Whosoever has any news of the existence of the said Joseph Walker is required to communicate it to the Registrar Civil Courts (Voluntary Jurisdiction Section) for the information of the said Court, within one month from the day of the publication of this Edict in the Government Gazette.

By order of the Court above mentioned

CARMEN SCICLUNA

For the Registrar, Civil Court and Tribunals

It is hereby notified that in virtue of the powers conferred by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 11th of October, 2018, and this after a written plea numbered 126/2018, ordered:

The correction of the Act of Marriage of Kapil Sarin and Sangita Bery Sarin, bearing number 645 of the year 2018. 

The Court acceded to all the claims numbered 1, 2, 3 and 4 in the application as requested by the applicant, and orders the Director of Public Registry to effect the amendments on the Act of Marriage bearing number 645 of the year 2018, with the exact words as set in the application.

JANET CALLEJA

Deputy Registrar, Court of Revision of Notarial Acts

DKR 66/2018 – VARIATION OF A FREEZING ORDER

It is being notified that by a decree dated 4th October, 2018, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Neville Camilleri LLD) after an application filed by Renato Micallef on the 2nd October, 2018, Compilation number 273/2018, in the case:

The Police

(Inspector Kevin Pulis)

(Inspector Justine Grech)

versus

Renato Micallef, 55 years, driver, son of Bartolomeo and Teresa nee Magro, born in Tal-Pietà, Malta on the 17th April, 1963, residing at number 134, Renlil, Triq Tal-Qattus, Birkirkara, Malta and holder of Maltese identity card bearing number 282063M.

The Court authorised Atlas Insurance to receive the money from the accused Renato Micallef so that the vehicle of type BMW M5 of year 2005 with registration number of GBZ 523 will be insured according to law.

This variation is being published in terms of Section 22A of the Dangerous Drugs Ordinance, Chapter 101 of the Laws of Malta with accordance with Section 23A of the Criminal Code, Chapter 9 of the Laws of Malta following another decree given on the 29th August, 2018, from the same Court and published in the Government Gazette and following a freezing order  dated 3rd May, 2018, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Consuelo Scerri Herrera LLD) and published in the Government Gazette of the 11th May, 2018, where the Court ordered the attachment in the hands of third parties in a general manner, all monies and other movable and immovable property which may be due to or belonging to Renato Micallef.

DR JOHN SEYCHELL NAVARRO, DIP. HLTH SCIENCE, DIP. MGMT STUD., DIP. NOT. PUB., LLB, LLD

Assistant Registrar, Criminal Courts and Tribunals

DKR 319/2013 – CANCELLATION OF A FREEZING ORDER

It is being notified that by a decree dated 13th September, 2018, given by the Court of Magistrates (Malta) as a Court of Criminal Judicature (Magistrate Dr Francesco Depasquale LLD) after an application filed by Robert Agius on the 7th August, 2018, and following judgement given by the same Court (Magistrate Dr Anthony G. Vella LLD) on the 21st June, 2018, Compilation number 667/2013, in the case:

The Police 

(Asst Comm. Ian J. Abdilla)

(Inspector Anna Marie Micallef)

(Inspector Yvonne Farrugia)

versus

Anthony Cremona;

Michael Borg;

Paul Anthony Pisani;

Shannon Cauchi;

and

Robert Agius, 34 years, taxi driver, son of late Raymond and Paola née Zammit, born in Tal-Pietà, Malta on the 29th of October, 1983, residing at Olive Court, Block B, Penthouse Number 11, Triq il-Baħħara, St Paul’s Bay, Malta and holder of Maltese identity card bearing number 569383M.

The Court ordered the cancellation of the freezing order of all the assets of the said Robert Agius which order was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Mag. Dr Anthony G. Vella LLD) by a decree dated 23rd July, 2013, and published in the Government Gazette of the 30th July, 2013. 

This order is being published according to section 5(6) of Cap. 373 of the Laws of Malta.

DR JOHN SEYCHELL NAVARRO, DIP. HLTH SCIENCE, DIP. MGMT STUD., DIP. NOT. PUB., LLB, LLD

Assistant Registrar, Criminal Courts and Tribunals

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 8th October, 2018, following a request of John Barbara, it was ordered that deputy curators be chosen to represent the absent Lita D. Barbara, in the records of the Sworn Application in the names John Barbara vs Deputy Curators, Sworn Application 254/18 JPG, and in the relative and subsequent acts.

By means of an Application, filed in the Civil Court (Family Section) in the names John Barbara vs Deputy Curators in order to represent Lita D. Barbara, on the 1st October, 2018, the applicant John Barbara (ID 120362M) asked this Honourable Court:

1. To declare and decide that the marriage celebrated between the parties on the 7th November, 2015, is null and without effect for all intents and purposes of law and uphold the other demands in the application.

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

Applicant: John Barbara, Block H, Flat 2, Qasam Ta’ Ganza, Żejtun

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 executionof this Bann you are to inform forthwith this Court.

Given by the Civil Court First Hall above mentioned with the witness of the Hon. Madam Justice Anna Felice LLD, Doctor of Laws.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 3rd September, 2018, in the records of the judicial letter number 3055/18 in the names Eddie Paul Bristow et vs S.C. & Company Limited et noe, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondents S.C. & Company Limited and Salvatore Cutajar in his own name and as director of the company S.C. & Company Limited in terms of Article 187(3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To

S.C. & Company Limited (C 6050) of 12, Triq San Ġużepp, Ħal Kirkop

Salvatore Cutajar (ID 375142M) in his own name and as director of the commercial company S.C & Company Limited (C 6050) of 5, Verdemar Park, Flat 9, Triq il-Bajja tas-Salini, Salina, Naxxar;

Marjohn Cutajar as director of the commercial company S.C. & Company Limited

By means of this present Eddie Paul Bristow (ID 126696M) and wife Mary Rose Bristow (ID 135271M) of c/o 318, Triq D’Argens, Gżira, make reference to the deed of sale of the 9th July, 1999, published in the records of Notary Dr Clyde La Rosa by means of which the applicants acquired from the respondent company S.C. & Company Limited, two divided portions of land, one of which superficially measures 615 square metres and the other portion 6 square meters, forming part of the fields known as Iċ-Ċens tal-Ħotba on the site known as Il-Ħotba l-Bajda in Salina limits of Naxxar, with all the rights and appurtenances including the vacant possession as better described in the deed of sale.

With reference to these lands, the interpellants solicit you so that for no reason and/or excuse you invade them or pass from them and/or in any manner use them and/or expect any form of right over them. 

In default the interpellants will hold you fully responsible for such invasion and/or pretensions, and further hold you fully responsible for any damages which you may cause to them as a result of your actions. 

This letter is being sent for the purpose of interrupting prescription in terms of the relative articles of the Civil Code (Cap. 16) and of the Code of Organisation and Civil Procedure (Cap. 12) of the Laws of Malta.

So much for your own guidance. Consider this as the last warning. 

With costs

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Court of Appeal, on the 30th October, 2018, in the records of the Application in the names Cristina Marilena Notary noe vs Public Service Commission, Application number 525/2012, the following publication was ordered for the purpose of service of the respondent Dr Robert Cuschieri, in terms of Article of 187(3) et sequitur of Cap. 12.

Whereas the procedures in the cause before the Court of Appeal between Notary Marilena Cristina as special mandatary of Dr Robert Cuschieri, and Dr Robert Cuschieri who took over the records of the cause, on the 9th January, 2013, vs Public Service Commission and by decree of the 12th November, 2012, Dr Angela Sultana, Dr Predrag Andrejev and Dr Josephine Psaila were called into the cause, the Court fixed the hearing of the cause on Tuesday, fifteenth (15) of May, 2018, at 9.00 a.m. and deferred to the 4th December, 2018, at 9.00 a.m.

Notify respondent: 16, Triq il-Grazzja, Ħaż-Żebbuġ ZBG 1058

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 21st August, 2018, of the Civil Court First Hall in the records of judicial letter number 1363/2018, in the names Director General Value Added Tax vs Albert Scerri, the following publication for the purpose of service on the respondent was ordered in terms of Article 187 (3) et sequitur of Chapter 12.

In the First Hall of the Civil Court

To Albert Scerri (ID 31353M) of West End Suites D2, Triq San Pawl, St Paul’s Bay.

By the present the Director General Value Added Tax 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 €2,507,118.56 representing amount due by you as value added tax according to the same Act.

With costs and interest according to law from when the amount de quo was due 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 Director General Value Added Tax has against you by means of a notice sent to you. 

In default, the interpellant warns you that he will proceed in executing the mentioned executive title which he has against you by means of the opportune garnishee orders, without any other and further warning.

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

With costs

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 21st August, 2018, of the Civil Court First Hall in the records of judicial letter number 1362/2018, in the names Director General Value Added Tax vs Khalil Hamad, the following publication for the purpose of service on the respondent was ordered in terms of Article 187 (3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To Khalil Hamad (ID 21974A) of 56, Sea View Apts Fl1, Triq F.M. Ferretti, Birżebbuġa.

By the present the Director General Value Added Tax 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 €267,207.77 representing amount due by you as value added tax according to the same Act.

With costs and interest according to law from when the amount de quo was due 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 Director General Value Added Tax has against you by means of a notice sent to you. 

In default, the interpellant warns you that he will proceed in executing the mentioned executive title which he has against you by means of the opportune garnishee orders, without any other and further warning.

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

With costs

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 22nd October, 2018, of the Rent Regulation Board, in the records of the Application in the names Maria known as Marina Darmanin et vs Paul Bajada et, Application Number 132/2018FDP, the following publication was ordered for the purpose of effecting service on the respondents Paul Bajada and Carmelo Bajada in terms of Article 187(3) et seq of the Code of Organisation and Civil Procedure (Cap 12)

By means of an application number 132/2018FDP in the names Maria known as Marina Darmanin (ID 25448M), Michael Rossi (ID 471151M) and his wife Cora Rossi (ID 657049M), Anthony Darmanin (ID 440246M) and his wife Bertha Darmanin (ID 272254M) vs Paul Bajada (ID 748656M) and Carmelo Bajda, filed before the Rent Regulation Board on the 6th September, 2018, the applicants Maria known as Marina Darmanin (ID 25448M), Michael Rossi (ID 471151M) and his wife Cora Rossi (ID 657049M), Anthony Darmanin (ID 440246M) and his wife Bertha Darmanin (ID 272254M) requested with respect:

That the applicants lease to the respondents the premises 23 (ex-10) Walmar, Triq San Ġeraldu, St Paul’s Bay at the rent of €465.88 or any other amount per year that is payable six months in advance, the next due date being the 15th September, 2018;

Since the premises number 23 were leased to be used as residence;

And since the applicants gave notice to the respondents and they do not wish to renew any lease which the respondents may have had and they would like the authorisation of this Honourable Court to resume possession of the premises in question; 

And since the reason for this request is that the respondents are not living in the premises in question as their ordinary residence during these last two years;

And since it results that the respondents failed to take care of the premises according to law.

Thus, the applicants request this Honourable Board so that, subject to any other necessary and opportune declaration, it:

1. Authorises the applicants such that they do not renew the lease beyond the next installment for the aforementioned reasons and for all those reasons that will result during the hearing of this application; 

2. Condemns the respondents so that within a short and premtory period that will be fixed by this Honourable Board they vacate the premises;

3. And this, save for all those directions which are fair and opportune.

With costs and the respondents are from now summoned so that a reference to their oath can be made.

Applicants: 4, Montague Court, Flat 7, Triq Carm Galea, Tas-Sliema

Respondents: Paul Bajada and Carmelo Bajada of 23, Walmar, Triq San Ġeraldu, St Paul’s Bay

The application in the names Maria known as Marina Darmanin et vs Paul Bajada et, Application Number 132/2018FDP, has been postponed for hearing to the 19th November 2018 at 9.00a.m. 

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 18th October, 2018, of the Rent Regulation Board, in the records of the Application in the names Francesca Bonnici pro et noe et vs Joseph Attard et, Application Number 114/2018FDP, the following publication was ordered for the purpose of effecting service on the respondent Joseph Attard in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

By means of an application number 114/2018FDP in the names Francesca Bonnici (ID 924947M) in her own name and as mandatory of her absent brother Joseph Vassallo (ID 081449M) and Anthony Vassallo (ID 386055M) vs Joseph Attard and the Housing Authority, filed before the Rent Regulation Board on the 10th August, 2018, the applicants Francesca Bonnici pro et noe requested with respect:

That by means of a contract of the 25th February, 1980, in the acts of Notary Dr Antonio Carbonaro here attached and marked as document A, the maternal aunt of the applicants Maria Stella Saliba granted on temporary emphyteusis for 21 years, the premises 73, Triq Cameron, Gżira, to the father of the respondent;

At the termination of the temporary emphyteusis, since the father and the mother of the respondent Joseph and Angiolina Attard were citiziens of Malta and originally residents in the premises in question had the right to remain living in the premises under the title of lease with the increase in rent according to the rate of inflation that is increased once every 15 years and not more than double according to the Act XXIIX of 1979;

Accordingly, the rent on the 25th February, 2001, became Lm93.88 and this had to be increased on the 24th February, 2013, to €287.47 and it was increased on the 24th February 2016 to €293.40 and this in terms of Act X of 2009;

So effectively the respondent is paying €203.13;

That Maria Stella Saliba died on the 30th March, 2007, and she regulated her inheritance by means of a will in the records of Notary Doctor Daniela Mifsud Buhagiar whereby she bequeathed unto the applicants a legacy of the premises above mentioned whilst she nominated Francesca Bonnici as her heir;

The causa mortis of the said Maria Stella Saliba was declared by a contract in the records of Notary Dr Daniela Mifsud Buhagiar;

That in terms of Act XXVII of 2018, the applicant in terms of Article 12B of Cap. 158 of the Laws of Malta has the right to request that the rent be revised to the amount that will not exceed 2% of the free and unencumbered value in the market of the residential house on the 1st January, 2018, and that new conditions regulating the lease are established;

At the initial stage of the proceedings the Board has to make the means test of the tenant which in the Regulations regarding the continuation of the lease (critera of the means test) issued under article 1531F and 1622A of the Civil Code and any other regulations which may from time to time substitute them, which means test is to be based on the income of the tenant between the 1 January and the 31 December, 2017, and on the capital of the tenant on the 31st December, 2017;

If the tenant does not satisfy the the criteria of the income and the capital of the means test the Board has to give a decision that will grant a period of five years within which the tenant is to vacate the premises. The compensation for this period has to be double the rent that was payable according to article 12 or 12A of Cap. 158 of the Laws of Malta.

Accordingly, the respondent is to state why, subject to any necessary and opportune declaration, and for the above reasons, this Honourable Board should not: 

1. Declare and decide that the respondent Joseph Attard who is the tenant of the premises 73, Triq Cameron, Gżira in terms of Act XXIII of 1979 which was originally given under the title of temporary emphyteusis in terms of the deed dated 25th February, 1980, in the acts of Notary Dr Antonio Carbonaro, Document A in the file;

2. Order that a means test will be carried out on Joseph Attard which has to be based on the means test established by the Regulations of the continuation of the lease (means test criteria issued under articles 1531F and 1622A of the Civil Code) and any other regulations that from time to time may be substitute them, which test has to be based on the income of the tenant between 1st January and 31st December, 2017 and on the capital of the tenant on the 31st December, 2017;

3. Declare and decide that in terms of Act XXVII of 2018, the rent has to be revised to an amount that does not exceed 2% per year on the open market value of the house 73, Triq Cameron, Gżira, on the 1st January, 2018, and also establish new conditions regarding the rent and in default if the respondent does not satisfy the income and the capital of the means test the respondent will be given five years to vacate, and will pay a compensation to the applicants for the occupation of the premises during the said period that amount to double the rent that was payable according to Articles 12 and 12A of Cap. 158 of the Laws of Malta and this according to the lease that had to be applicable in terms of Act X of 2009 which is not to be considered less than the annual rent due till the 24th February, 2018, when the rent has to be increased on the previous three years.

With costs and the respondent is from now summoned so that a reference to his oath can be made

Applicant: 99D, Flt 2, Triq il-Lunzjata, Tas-Sliema

Notification: Joseph Attard, 73, Triq Cameron, Gżira

The application in the names Francesca Bonnici pro et noe et vs Joseph Attard et, Application Number 114/2018FDP has been postponed for hearing to the 19th November, 2018, at 9.00 a.m. 

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 3rd October, 2018, Application number 1487/2018 by Maria widow of Angelo Cassar et whereby they prayed that it be declared open in favour of Maria Cassar née Xuereb, wife of the decujus in the quota of one half (1/2) undivided share and the remaining one half (1/2) undivided share in equal shares between Maria Dolores wife of MarJohn Abela, Rafaela wife of Giancarlo Crisafulli, David Cassar and John Cassar children of the decujus the succession of Angelo Cassar, son of the late Raffaele and Spiridiona née Cassar, born in Żejtun, resided in Żejtun u died in Żejtun, Malta on the 20th August, 2017, aged 85 holding identity card number 0139032M. 

Wherefore any person who considers to have an interest in the matter is hereby called upon to appear before the said Court and to bring forward his objections hereto by a minute to be filed within fifteen days from the posting of the banns and notices according to law.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 14th August, 2018, Application number 1239/2018 by Dorothy Tabone pro et noe whereby she prayed that it be declared open per stirpes in favour of the descendants of the heirs of Louis Debono and that is Michael John Debono, Edward Debono and Rita Naudi in equal shares that is of one third (1/3) undivided share each one of them the succession of Louis Debono, bachelor, son of the late Joseph Debono and Maria Carmela Debono née Micallef, born in Malta, resided in Australia and died in Fitzroy, Australia on the 30th November, 1973, aged 57. 

Wherefore any person who considers to have an interest in the matter is hereby called upon to appear before the said Court and to bring forward his objections hereto by a minute to be filed within fifteen days from the posting of the banns and notices according to law.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 2nd October, 2018, Application number 1481/2018 by Josephine sive Josette Gera et whereby they prayed that it be declared open in their favour the succession of Michelina Ebejer, widow of Emmanuel sive Natalino Ebejer, daughter of the late Peter Cipriott and Giuseppa née Micallef, born in Mġarr, Malta, resided in Msida and died in Tal-Qroqq, Msida, Malta on the 25th May, 2018, aged 77 holding identity card number 252141M. 

Wherefore any person who considers to have an interest in the matter is hereby called upon to appear before the said Court and to bring forward his objections hereto by a minute to be filed within fifteen days from the posting of the banns and notices according to law.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

By means of a decree of the 8th March, 2018, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 506/2015 in the names Reuben Bonnici noe vs Harbour Construction Ltd, the following publication was ordered for the purpose of effecting service on the respondent company in terms of Article 187(5) of Cap. 12.

In the Court of Magistrates (Malta) 

To Harbour Construction Ltd (C 6112) of 103, Industrial Estate, Birżebbuġa.

By the present, Reuben Bonnici (ID 448471M) for and on behalf of 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 ARMS 1 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 €9,799.47, 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 regarding the bills:

Bill number 101000057805 regarding the premises 103, Industrial Estate, Triq Ħal Far, l/o Birżebbuġa in the amount of €6,352.14 and the bill number 101000001114 regarding the premises Hanger 37, Triq Ħal Far, l/o Birżebbuġa regarding the amount of €3,447.33.

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 and reserving the right for interests according to law

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 4th October, 2018, Application number 1501/2018 by Josephine Pulis et whereby she prayed that it be declared open in favour of the same Josephine Pulis née Grech wife of the decujus in the quota of one half (1/2) undivided share and as for the other one half (1/2) undivided share in equal shares between Adrian Pulis and Audrey Pulis, children of the decujus the succession of George Pulis, married, son of the late Anthony Pulis and Annujnziata Pulis née Buttigieg, born in Kalkara, resided in Kalkara and died in Tal-Qroqq, Msida, Malta on the 20th June, 2018, aged 67 holding identity card number 0953250M. 

Wherefore any person who considers to have an interest in the matter is hereby called upon to appear before the said Court and to bring forward his objections hereto by a minute to be filed within fifteen days from the posting of the banns and notices according to law.

ALEXANDRA DEBATTISTA

For the Registrar Civil Court and Tribunals