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Court Notices published in Govt. Gazette No. 20,144 of 5th March 2019

Date Icon 05/03/2019

Notice 298

298

ARB/C013/2019 – NEW FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 1st March, 2019, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Caroline Farrugia Frendo, LLD). Compilation Number 127/2019 in the case:

The Police

(Inspector Rennie Stivala)

Versus

IAN CAMILLERI, 50 years old, son of the late Frederick David, and Anna Maria née Falzon, born in Tas-Sliema, Malta on the 13th of February, 1969, residing at No. 50, Louisa Apartments, Flat 7, Triq Sant'Anġlu, Tas-Sliema and holder of Maltese identity card bearing number 85069M. 

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 IAN CAMILLERI and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property and this according to Article 5 of the Prevention of Money Laundering Act, Chapter 373 of the Laws of Malta and of Section 23A (2) of the Criminal Code, Chapter 9 of the Laws of Malta.

Any person who acts in contravention of the court order mentioned in Article 5 and Section 23A (2) 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)

01 Marzu 2019

Notice 299

299

ARB/C014/2019 – NEW FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 2nd March, 2019, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry  (Magistrate Dr Yana Micallef Stafrace LL.D.). Compilation Number 128/2019 in the case:

The Police

(Inspector Joseph Xerri)

Versus

JONATHAN JAMES BORG, unemployed, 38 years old, son of Henry Joseph, and Maria Anne née Darmenia, born in High Wycombe, United Kingdom on the 15th February, 1981, residing at Flat 1, Carob Court, Triq Mikielanġ Sapiano, Ħaż-Żebbuġ, Malta, and holder of Maltese identity card bearing number 198086M. 

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 JONATHAN JAMES BORG and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property and this according to Section 23A of the Criminal Code, Chapter 9 of the Laws of Malta.

Any person who acts in contravention of the court order mentioned in 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)

04 Marzu 2019

Notice 300

300

By means of a decree given by the Civil Court (Family Section) on the 11th February, 2019, in the records of the Sworn Application in the names Rose D'Amato vs Noel George D'Amato, Application Number 250/16 AL, the following publication was ordered for the purpose of service of the respondent Noel George D'Amato, in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application, filed in the Civil Court (Family Section) in the names Rose D'Amato vs Noel George D'Amato, Application Number 250/16 AL, the applicant Rose D'Amato (ID 194666M) respectfully pleaded:

That Dr Anna Mallia assumes the brief of the plaintiff instead of Dr Ramona Frendo;

That in this cause it is necessary that an expert architect be appointed to estimate the value of the premises at 20, Adeodata, Triq il-Vitorja, Ħaż-Żabbar and the matrimonial home which is situated at Dublun, Sqaq Fwieni, Ħaż-Żabbar;

That this request is being made since there is no clue that the parties agreed on the appointment of an Architect.

Thus, the applicant respectfully prays so that this Court appoint an expert architect in order to estimate the value of the premises situated at 20, Adeodata, Triq il-Vitorja, Ħaż-Żabbar, and the matrimonial home which is situated at Dublun, Sqaq Fwieni, Ħaż-Żabbar.

Applicant: 163, St Rita House, Triq ix-Xgħajra, Ħaż-Żabbar

Respondent: Dublun, Sqaq Fwieni, Ħaż-Żabbar

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

27 Frar 2019

Notice 301

301

By means of a note, presented in the First Hall Civil Court, Advocate Dr Brandon Kirk Muscat, on the 22nd February, 2019, produced the hereunder mentioned document to be published in terms of Article 9 of Cap. 13 of the Laws of Malta.

By means of a contract published by Notary Doctor Malcolm Licari, on the 12th February, 2019, Jonathan Caruana, plasterer, son of Carmelo and Rita née Spiteri, born in Żejtun and residing in Iklin (ID 160777M) and his wife Lorraine Caruana, self-employed, daughter of Carmelo Grech and Sylvia née Vella, born in Tal-Pietà and residing in Ilkin (ID 28679M), emancipated their minor daughter Shania Caruana, born in Tal-Pietà and residing in Iklin (ID 385202L), in order that she may carry out all acts of trade according to Articles 9 and 10 of the Commercial Code.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

27 Frar 2019

Notice 302

302

By decree given by the Civil Court, First Hall on the 25th Febraury, 2019, on the application of Ciantar Ann Marie (ID 42541A) et, Thursday, 2nd May, 2019, at half past ten in the morning (10.30 a.m.), has been fixed for the sale by auction to be held at room number 78 near the Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta of the following properties:

Half undivided maisonette numbered 125 on the first floor with its own airspace in Triq Annibale Preca, Ħal Lija and garage numbered 15, which forms part of a complex of garages, accessible from an unnamed street, which leads to Triq Annibale Preca, Ħal Lija. The property has a servitude and is valued at €35,000.

The said tenements are property of Eleanor Attard sive Attard Ogilvie (ID 347771M) and by decree of the 23rd March, 2009, Dr Anthony Cutajar and PL Liliana Buhagiar had been nominated for the absent and Gordon Ogilvie.

N.B.  The said properties will be sold as described in the acts of the judicial sale file number 16/12.

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals

23 Marzu 2009

Notice 303

303

By means of a note, presented in the First Hall Civil Court, Notary Doctor Nicolette Vella, on the 21st February, 2019, brought the hereunder mentioned document in order to be published in terms of Article 9, Cap. 13 of the Laws of Malta.

By means of a contract, published by Notary Doctor Nicolette Vella on the twentieth (20) of February, 2019, Sean Pius Bradshaw, known as Sean Bradshaw, in business, son of the late John Harold Bradhsaw and the late Veneranda nee Cassar Desain (ID 636557M) and his wife Lisa Bradshaw, company director, daughter of Antonio sive Tonio Ganado and Paula nee Gasan (ID 789869M) emancipated their son Adam Bradshaw, a student, son of the aforementioned Sean Pius Bradshaw and Lisa nee Ganado, born in Tas-Sliema and residing at High Ridge, limits of Swieqi (ID Card 437001L) in order to trade and hereby authorise him to perform all acts of a commercial and civil nature for all intents and purposes of law.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

28 Frar 2019

Notice 304

304

By means of a decree given by the Civil Court (Family Section) on the 11th February, 2019, in the records of the Sworn Application in the names Wayne Borg vs Roxanne Schiavone, General Application number 17/2019 AL, the following publication was ordered for the purpose of service of the respondent Roxanne Schiavone, in terms of Article 187(3) et sequitur of Cap. 12.

By means of a General Application, filed in the Civil Court (Family Section) in the names Wayne Borg vs Roxanne Schiavone, the applicant Wayne Borg (ID 223892M) respectfully pleaded:

That according to a judgement of the 24th May, 2018, lawsuit number 299/2016 AL, in the names Wayne Borg vs William Borg and Rita personally and as curator of the minor … omissis … and Roxanne Schiavone, the applicant was exclusively given the care and custody of the minor … omissis … (judgement annexed Doc. A);

That the applicant wishes that a passport is issued for the minor … omissis …, but he has been inormed by the Passport Office that he still needs the decree of the Court in order that such a passport be issued without the signature of the minor's mother and in order that he collects such passport;

That he needs such passport since the paternal grandparents of the boy, William Borg and Rita Borg, wish to take the boy for two days to Sicily from the 25th January, 2019, till the 27th January, 2019.

Thus, the applicants respectfully pray this Court a) to authorise the Passport Office to authorise the issuing of a passport in favour of the minor … omissis … without the signature of the mother and b) authorise the applicant to collect such passport from the Passport Office.

Applicant: Renmarie Farmhouse, Sqaq il-Kuni, Triq Ħal Far, Żurrieq

Respondent: 27, Triq il-Bieqja, Birżebbuġa

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

28 Frar 2019

Notice 305

305

NOTICE REGISTRY OF THE CIVIL COURT, FIRST HALL

Whereas Sergio Fabian Piriz Mansilla pro et (Irish passport no: PN6577883)) filed an application under oath (no. 171/2019/LSO) demanding correction in the Act of Birth no. 7863/2018 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 the Registrar, Civil Courts and Tribunals

28 Frar 2019

Bann for Curators

306

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court, on the 21st February, 2019, following a request of Advocate Dr Luigi A. Sansone noe, it was ordered that deputy curators be chosen to represent Yiwu Dongteng Import and Export Co. Ltd and Al Farouk Commerce International, in the records of the Sworn Application 163/2019 MCH, in the names Advocate 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 Civil Court First Hall, in the names Advocate Doctor Luigi A. Sansone LLB (Hons) LLD (holder of Maltese identity card number 258269 letter 'M' as special mandatary of The Gillette Company LLC, a foreign company organised under the laws of the State of Delaware, in the United States of America with registration number 6098452 and address of One Gillette Park, Boston, Massachusetts, 02127, United States of America vs Deputy Curators to represent: 1) Yiwu Dongteng Import and Export Co. Ltd, a foreign entity with an indication of address of '10/F Building A, Yiwu Port, 266 Chengxin Avenue, Yiwu City, Zhejiang 322000, China; and 2) Al Farouk Commerce International, a foreign entity with an indication of address of 'IMM Pacha Centre 75, Av, Khaeireddine Pacha, Bloc C IEME, Etage APT C6 Mont Plaisir 1073 – Tunisie, on the 19th February, 2019, the applicant Advocate Doctor Luigi A. Sansone LLB (Hons) LLD (holder of Maltese identity card with number 258269 letter 'M' as special mandatary of The Gillette Company LLC, a foreign company organised under the laws of the State of Delaware, in the United States of America, with registration number 6098452 and with address of One Gillette Park, Boston, Massachusetts, 02127, United States of America, for the reasons premised in the application asked this Honourable Court:

1. To declare that the entry without free release for circulation in Malta in the course of business between the defendants of a quantity of objects consisting in items againsa sweat/deodorants for personal use which all have on them various identical trademarks to or which cannot be distinguished in their essential aspects from those of the plaintiff company and duly registered as European Union trademarks (EU trademarks) with numbers 006665319, 011319613 and 011319704 respectively, which objects are all presently held under the authority of the Director General (Customs) after he found that the container 'CMAU5463105' which contained them contravene the rights of intellectual property of the plaintiff company in regard to the European trademarks above mentioned.

2. Declare that the same objects and namely a quantity of products against sweat/ deodorants for personal use which all have on them various identical trademarks or which cannot be distinguished in their essential aspects from some of those of the plaintiff company duly registered as European Union Trademarks (EU trademarks with numbers 006665319, 011319613 and 011319704 respectively 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. Take or order the Director General (Customs) to take as regards those objects any other measure in virtue of which they be removed definitely from circulation in the existing systems of commerce and the defendant be deprived from the economic benefits of the transaction;

5. Order that the defendants are to bear all the other costs in connection with this lawsuit including the costs in connection with the measures ordered in terms of the third and fourth demands of the plaintiffs amongst which those of identification and numbering of the said objects of their transport from the place of storage and the other costs mentioned in the application.

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

Applicant noe: Advocate Doctor Luigi A. Sansone, LLB (Hons) LLD (holder of Maltese identity card 258269 letter ('M') as special mandatary of the Gillette Company Company LLC, a foreign company organised under the laws of Delaware in the United States of America, registration number 6098452 and address of One Gillette Park, Boston, Massachusettes, 02127, United States of America, with registration 6098452 and an address of One Gillette Park, Boston, Massachusetts 02127, United States of America; 84-85, Triq Melita, Valletta VLT 1120.

Notify the Defendants: Deputy Curators to represent: 1) Yiwu Dongteng Import and Export Co. Ltd, a foreign entity with an indication of address of '10/F, Building A, Yiwu Port 266, Chengxin Avenue, Yiwu City, Zhejiang 322000, China'; and 2) Al Farouk Commerce International, a foreign entity with an indication of address of 'IMM Pacha Centre, 75 AV, Khaeirddine Pacha, Bloc C, IEME Etage, APT C6, Mont Plaisir 1073 – Tunisie; 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 Toni Abela, LLD, Doctor of Laws.

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

01 Marzu 2019

Notice 307

307

By decree given by the Civil Court, First Hall on the 14th February, 2019, on the application of Miller Distributors Limited (C 344), Tuesday, 9th April, 2019, at eleven in the morning (11.00 a.m.), has been fixed for the Sale by Auction, to be held in room number 78, near the Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

Maisonette without an official number, internally marked with the name 'Sandlake', forming part of Victoria Court block, in Triq Victor Denaro, Msida, elevated from street level and with access by an external stairs, free and unencumbered and free from any ground rents. The maisonette is bounded on the South East with the said street, on the East by the common parts of the block and on the West by property of the brothers Gerada. This property is free and unencumbered and valued at one hundred and sixty thousand euro (€160,000).

Garage on a semi-basement level internally marked numbered two (2), forming part of a complex of garages, without number and without name, in Triq Victor Denaro, Msida, with a separate entrance situated on the right of the Victoria Court block with a common access with other garages in the same level. The garage is valued at twenty-three thousand euro (€23,000).

The said tenement is the property of Chetcuti Michael (ID 74185M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 55/2015.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

01 Marzu 2019

Notice 308

308

By a decree of the Small Claims Tribunal of the 20th November, 2018, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).

Vodafone Malta Limited (C 10865) of Skyparks Business Centre, Malta International Airport, Ħal Luqa LQA 4000 filed a Claim on the 11th October, 2018, whereby they asked the Tribunal to condemn Mandy Cassar (ID 446380M) of 75, Casa Kimron, Triq l-14 ta' Novembru, Santa Venera, to pay the plaintiff company the sum of €1536.70 which amount is due to the plaintiff company.

With costs and interests

The case (Claim Number 484/2018PM) is deferred on the 13th March, 2019, at 12.30 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

04 Marzu 2019

Notice 309

309

By a decree of the Court of Magistrates (Malta) of the 26th November, 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).

Philip Agius & Sons Limited (C 35991) of The Plant, Triq l-Imdina, Ħaż-Żebbuġ, filed a Claim on the 13th November, 2018, whereby they asked the Court to condemn Justin Attard (ID 176886M) in his own name and for and on behalf of the company LBV Limited (C 72674) of 163, Triq Santu Rokku, Birkirkara, to pay the plaintiff company the sum of €13,802.33 which amount is due to the plaintiff company.

With costs and legal interests

The case (Notice Number 269/18FDP) is deferred to the 7th March, 2019, at 9.00 a.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

04 Marzu 2019

Notice 310

310

By a decree of the Small Claims Tribunal of 28th February, 2018, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).

360 Food Imports Limited (C 46590) of Triq l-Imdina, Ħal Qormi, filed a Claim on the 9th January, 2018, whereby they asked the Tribunal to condemn Saviour Falzon (ID 53666M) of 109A, Triq A. Cuschieri, Birkirkara, to pay the plaintiff company the sum of €3742 which amount is due to the plaintiff company.

With costs and interests

The case (Claim Number 13/2018SFJ) is deferred on the 11th March, 2019, at 12.30 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

04 Marzu 2019

Notice 311

311

By a decree of the Court of Magistrates (Malta) of the 30th January, 2019, 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).

M. Demajo (Wines & Spirits) Limited (C 2521) of 103, Demajo House, Triq l-Arċisqof, Valletta filed a Claim on the 5th November, 2018, whereby they asked the Court to condemn Karas Company Limited (C 63986) of 3, Villa Kazana, Triq il-Virdun, Kappara, San Ġwann to pay the plaintiff company the sum of €10,592.08 which amount is due to the plaintiff company.

With costs and legal interests

The case (Notice Number 259/18SG) is deferred to the 14th March, 2019, at 9.30 a.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

04 Marzu 2019

Notice 312

312

By a decree of the Small Claims Tribunal of the 17th October, 2018, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).

Go plc (C 22334) of Triq Fra Diegu, Marsa MRS 1501, filed a Claim on the 18th September, 2018, whereby they asked the Tribunal to condemn Christopher Gatt (ID 262173M) of Garden Apts, Block A, Flat 1, Triq il-Port Ruman, St Paul's Bay, to pay the plaintiff company the sum of €2083.04 which amount is due to the plaintiff company.

With costs and interests

The case (Claim number 464/18SFJ) is deferred on the 11th March, 2019, at 12.30 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

04 Marzu 2019

Notice 313

313

By means of a decree of the 16th January, 2019, in the First Hall of the Civil Courts in the records of the judicial letter number 888/2017 in the names Bank of Valletta plc vs Carmen Camenzuli, the following publication was ordered for the purpose of effecting service on the respondent Carmen Camenzuli in terms of Article 187(3) et sequitur of Cap. 12.

By means of a judicial letter filed in the First Hall of the Civil Courts against Carmen Camenzuli (ID 168057M) of Irma, Racecouse Street, Marsa, on the 7th March, 2017, Bank of Valletta plc of 1/5, Misraħ San Ġorġ, Valletta VLT 1190, whilst refering you to six contracts, three of them in the acts of Notary Doctor George Cassar, dated 15th December, 1987, 11th May, 1988, and 6th June, 1990, two of them in the acts of Notary Pierre Cassar dated 27th October, 1993, and 22nd May, 1998, and another in the acts of Notary Doctor Peter Fleri Soler dated 18th November, 1996, where you guaranteed together and in solidum with HI Timber Company Limited, the debts of the same Hi Timber Company Limited, calls upon you so that within two days you pay together and in solidum the sum of €92,897.61 balance for the debt in the Loan Account of HI Timber Company Limited with Bank of Valletta plc, together with further interest from the 31st December, 2016.

The interpellant company warns you that if you fail they shall be constrained to proceed against you according to law.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

04 Marzu 2019

Notice 314

314

By a decree of the Court of Magistrates (Malta) of the 10th January, 2019, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).

Princess Holdings Limited (C 72528) of Sharay, Triq il-Fraxxnu, St Julian's, filed a Claim on the 11th October, 2018, whereby they asked the Court to condemn Violeta Cvetkovic (ID 0159296A) of Marchal, Triq San Ġorġ, St Paul's Bay, to pay the plaintiff company the sum of €10,450.00 which amount is due to the plaintiff company.

With costs and interests

The case (Notice Number 231/18SG) is deferred to the 7th March, 2019, at 9.30 a.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

04 Marzu 2019

Notice 315

315

By a decree of the Small Claims Tribunal of the 28th November, 2018, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).

Vodafone Malta Limited (C 10865) of Skyparks Business Centre, Malta International Airport, Ħal Luqa LQA 4000 filed a Claim on the 6th June, 2018, whereby they asked the Tribunal to condemn Tania Mifsud (ID 192397M) of 130, Merħba Bik, Triq Birbal, Ħal Balzan, to pay the plaintiff company the sum of €1383.53 which amount is due to the plaintiff company.

With costs and interests

The case (Claim Number 256/2018PM) is deferred on the 13th March, 2019, at 12.30 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

04 Marzu 2019