Court Notices published in the Government Gazette 20,202 of 31st May 2019

It is hereby notified that by virtue of a decree given on the 24th of May, 2019, the Small Claims Tribunal (Gozo), ordered the publication of the subjoined notice for the purposes of service in respect of the defendant company Tony & Andrea Bros Limited (C 75668) of San Gaetano, Flat 7, Triq Santa Marija, Marsalforn, Gozo:

The company GO plc (C 22334) of Spencer Hill, Marsa, Malta filed a claim in the Small Claims Tribunal (Gozo) – Case number 25/2018 in re “GO plc vs Tony & Andrea Bros Limited” – on the 16th of October, 2018, wherein it requested the Tribunal to condemn the defendant company Tony & Andrea Bros Limited to pay plaintiff company the amount of €597.74 in connection with services, together with costs, interest and legal expenses. 

The hearing of this case is being deferred to the 28th of June, 2019, at 11.00 a.m.

DANIEL SACCO

Deputy Registrar

By order given by the First Hall Civil Court, on the 6th Marc, 2019, in the records of the Application in the names Spiteri Mario pro et noe vs Calleja Dr Leontine et noe, Application Number 705/18 RGM, the following publication was ordered for the purposes of Article 495 A of Cap. 16 of the Laws of Malta.

By means of an Application, filed in the First Hall Civil Court in the names Mario Spiteri (ID 282560M) who is appearing on this application in his own name as well as in the name and on behalf of Catherine Gatt (driving licence no. 022713917), Arthur Gatt (passport number 4842350), Ricky Gatt (passport number E4012289), David Gatt (driving licence no. 0228443234), Angelo Gatt (driving licence no. 03978419), Joseph Gatt (passport number N 69761777), Rita Husdon (driving licence no. 022537283), Aleisha Nancy Pendergast (passport number PA1808028), Tanyia Ann Louise Wharepapa (passport no. M7899891), Rebecca Carol Mcgregor (passport no. PA2129648), Peter John Buttigieg (passport no. N 8122222), Kelly Carmen Marrie Gatt (passport no. M 8470164), Joanne Louise Gatt (licence no. 049256442), John Francis Gatt (Medicare no. 3278233665), Anne Marce Gatt (driving licence no. 048214217), Matthew Anthony Gatt (passport no. PA 1449081), Nicole Alice Gatt (driving licence no. 09651343), all resident in Australia; Giorgia Mangion (ID 623062M) who is appearing on this deed in her personal name as well as in the name of Carmel Spiteri (ID 38358M), resident in Canada, Isabelle Galea (ID 270572M) who is appearing in her own name as well as in the name and on behalf of David Gatt, resident in Australia; Vincent Gatt (ID 1007346M), Ignatius Gatt (ID 898945M), Josephine Geraldi (ID 711044M), Francis Gatt (ID 377343M), Carmelo Gatt (ID 769059M) and John Gatt (ID 887148M)

vs

Dr Leontine Calleja and P.L. Daniel Aquilina, Deputy Curators to represent the absent from Malta, Tarcisio Mifsud, Anthony Mifsud, Albert Mifsud, Daniel Mifsud, Paul Mifsud and Catherine Jones and by decree of the 10th August, 2018, Dr Dustin Camilleri, LLD and P.L. Nicholette Aquilina, Deputy Curators to represent the absent from Malta, Carol Gatt, widow of Anthony for any interest she may have, on the 5th July, 2018, the applicant Mario Spiteri et respectfully pleaded:

That together with the respondents siblings Mifsud and Gatt they are the owners the premises at Number 46, Triq Santa Katerina, in Marsaxlokk, Malta.

That this same premises came to them from the inheritance of their predecessors Angelo Gatt and Angela née Mercieca (see genealogical tree annexed).

That today the descendants of Angelo and Angela Gatt are various and are all part in this application and have a share as results from the list of heirs and the respective quota of each one of them, Doc. C and the genealogical tree Doc. B.

That the interpellants found the sale of the premises at number 46, Triq Santa Katerina, to third parties or rather in favour of Stephen and Tania spouses Rizzo, as results from the preliminary agreement signed by the applicant vendors and by the purchasers spouses Rizzo Stephen and Tania née Abela, Doc. A copy annexed with the records with the evidence of Notary Sarah Scerri.

That the interpellants found the sale of this premises towards the reasonable and just price of one hundred and thirty-four thousand euro (€ 134,000) and the minority respondents are opposing this sale and the propertry has been in common for more than three years.

Thus, the interpellants are respectfully praying that this Honourable Court:

1. Authorise that the sale of the premises at number 46, Triq Santa Katerina, in Marsaxlokk and this in terms of Article 495A of Cap 16 of the Laws of Malta and according to the pacts and conditions indicated in the deed of preliminary agreement indicated of the 4th February, 2017, as extended from time to time with the witness of Notary Sarah Scerri.

2. Declare that the price of the premises for one hundred thirty-four thousand euro (€134,000) is a just and reasonable price and does not grievously prejudice the respondent in the circumstances of the case.

3. Establish a time, day and place when and where the deed of sale mentioned by Notary Sarah Scerri or other Public Notary is to be published.

4. Order the respondents to come forward to the publication of the deed of sale and transfer and appoint Deputy Curators to appear instead of them in their default.

5. With costs against the respondents from now summoned so that a reference to their evidence be made

List of witnesses:

1. All the applicants to come forward to the confirm the facts exposed by them in detail

2. Relatives of the applicants and third parties involved in the case to testify on the merit of the cause

3. The respondents or their representatives so that a reference to their evidence be made and confirm the premises of the plaintiffs on the facts of the cause

4. The nurse Sarah Scerri to testify on the preliminarty agreement signed with her evidence and on the searches she made to establish the heirs and their quota

5. The purchasers Stephen Rizzo and Tania Rizzo Abela to confirm the facts of the sale mentioned in the preliminary agreement

List of documents:

Doc. A - Preliminary Agreement of the 4th February, 2017

Doc. B - Genealogical Tree of the parties in the cause

Doc. C - List of all the heirs and the respective quota of each one of them

Doc. D - The origin and descendants of the partries in the cause as researched by Notary Sarah Scerri.

The Sworn Application in the names Spiteri Mario pro et noe vs Calleja Dr Leontine et noe, Application Number 705/18 RGM, has been deferred for hearing to the 25th June, 2019, at 11.15 a.m.

Applicants: 20, San Gużeppi, Triq il-Ġiebja Rumana, Żejtun

Respondents: Courts of Justice, Triq ir-Repubblika, Valletta

Respondents: Courts of Justice, Triq ir-Repubblika, Valletta

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court First Hall, on the 8th May, 2019, in the records of the Sworn Application in the names No Deposit Cars Malta Limited vs Rothig Kevin Alexander, Application Number 26/19 RGM, the following publication was ordered for the purpose of service of the respondent Kevin Alexander Rothig, in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application, filed in the First Hall Civil Court in the names No Deposit Cars Malta Limited (C 85780) vs Kevin Alexander Rothig (ID LH8HRKR96F) on the 11th January, 2019, the applicant No Deposit Cars Malta Limited (C 85780) asked this Honourable Court:

1. Declare that the defendant violated the contract of hire and purchase dated 13th September, 2018, between the parties (Doc. A).

2. Declare that in terms of clause 7.1. of the contract of hire between the parties (Doc. A) the defendant forfeited the benefit of time of the balance of price due on the sale of the vehicle BMW 4401 with chassis number WBA4E32000H386876, number plate BCM319, declare that the defendant is a debtor of the applicant company in the amount of fifty-five thousand two hundred euro (€55,200) representing balance according to the agreement abovementioned Doc. A and uphold the other demands in the application.

With costs and legal interest till the date of final payment against the defendant from now summoned so that a reference to his evidence be made.

The Sworn Application in the names No Deposit Cars Malta Limited (C 85780) vs Rothig Kevin Alexander, Application Number 26/19 RGM, has been deferred for hearing to the 13th June, 2019, at 11.30 a.m.

Service: Apartment No 6, Bay Rock Flats, Triq tas-Salib, Mellieħa

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 9th October, 2018, Application number 1522/2018 by Karen Cremona, whereby Francis Fava, son of Emmanuele Fava and Roża Fava née Farrugia, born in Żurrieq on the 20th July, 1941, and residing at Jasmine Home, Triq il-Wied, Msida, aged 77 and holding identity card number 440041M, was interdicted by means of a decree given on the 15th April, 2019.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

Notice by the Registry of the Civil Court, First Hall:

Whereas Carmel Meilaq sive Carmel Mejlaq (ID 0050748G) filed an application under oath (No. 501/2019/LSO) demanding correction in the Act of Birth No: 507/1948 and Act of Marriage No: 5720/1970 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

By a decree of the 27th May, 2019, given by the First Hall Civil Court, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to the Article 338 (1) of the Code of Organisation and Civil Procedure (Cap. 12).

That by application and a schedule of set-off filed contemporaneously by Paolo D’Arrigo on the 24th May, 2019, the approval of the said judicial acts is being demanded for the amount of €25,000.00 following judicial sale by auction 7/19 in the names Paolo D’Arrigo vs Theresa Elaine Bailey held under the authority of the said Court on the 22nd May, 2019.

According to Article 338 (2) of Cap. 12: Any person who may have an interest and the persons so served shall be allowed the time of twenty days to file an answer stating in detail the reasons for their opposition and the amounts in contestation; and where such opposition is based on a claim against the proceeds of sale an alleged cause of preference, they are to state the amount of such claim and the basis for the preference. Such persons shall with the answer file all relevant evidence to substantiate their opposition.

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the First Hall Civil Court, by Mr Justice Mark Chetcuti, on the 14th May, 2019, in the records of the Application in the names Mediterranean Trading Shipping Company Limited vs Vessel M.V. IRMAK, Application 466/2019 MCH, in the records of the Judicial Sale in the names Mediterranean Trading Shipping Company Limited vs Vessel M.V. IRMAK, Judicial Sale 4/2019, the following publication was ordered for the purposes of Article 416 (1) et sequitur of Cap. 12 of the Laws of Malta.

By means of an Application, filed in the First Hall Civil Court, in the records of the Judicial Sale 4/2019, in the names Mediterranean Trading Shipping Company Limited vs Vessel M.V. IRMAK, on the 26th March, 2019, the company Malta Towage Ltd (C 44662) respectfully pleaded:

That together with the present the interpellant is presenting a Schedule of Compensation for the amount of sixty-five thousand euro (€65,000) for the vessel M.V. IRMAK registered in Zanzibar, Tanzania, with numnber IMO 7514490, in all length 74.81 metres, depth 6.091 metres and width 10.60 metres, and dead weight 1581 tonnes.

That the interpellant was authorised to make an offer animo compensandi.

That the interpellant company has an executive title asgainst the respondent vessel, as it was assigned the credit due to Captain Abdullah Sahin et.

… omissis …

That thus the interpellant company is a creditor of the respondent vessel, in the amount of one hundred seventy-two thousand two hundred thirty-six euro and fifty-five cents (€172,236.55) representing capital declared by a judgement of the First Hall Civil Court, of the 13th July, 2012, in the cause in the names Captain Abdullah Sahin et vs M.V. IRMAK (Doc. C) besides legal interest that has run till this day.

Thus, the interpellant is calling upon this Honourable Court and humbly asks this Honourasble Court to approve the schedule of compensation presented by it under those provisions that this Honourable Court deems fit.

That by means of a reply, filed in the records of the Judicial Sale above premised Number 4/2019, in the names Mediterranean Trading Shipping Company Limited vs Vessel M.V. IRMAK, of the 12th April, 2019, the company Mediterranean Trading Shipping Company Limited totally opposed the demand of the applicant company in order to approve the schedule of compensation presented by it.

… omissis …

In view of that premised the company Mediterranean Trading Company Limited is asking this Honourable Court to reject the demand and order Malta Towage Limited in order to deposit the amounty of sixty-five thousand euro (€65,000) and any other amount in the discretion of the Court according to law.

By decree of the Court abovementioned in the records of the Judicial Sale abovementioned of the 14th May, 2019, the Court,

Having seen the schedule of compensation of Malta Towage Limited, of the26th March, 2019;

Having seen the opposition of Mediterranean Trading Shipping of the 12th April, 2019;

In the circumstances orders the opening of the Competition of Creditors.

In virtue of this same decree of the 14th May, 2019, the Court abovementioned ordered that whosoever has an interest is called to bring forward his rights within one month from the date of the publication of this Notice. When the period of one month lapses, no person who has failed to put in a claim within that time can stop or otherwise hold the competition of creditors from being decided between those who have appeared. Thus all those interested are to appear also for the sitting of the First Hall Civil Court, presided by Mr Justice Mark Chetcuti, which shall be held on Wednesday, 26th June, 2019, at 9.00 a.m.

Interpellant: Avalon Court, Basement Level, Triq Patri Wistin Born, Marsaskala MSK 3526

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Court of Appeal on the 23rd May, 2019, in the records of the Application in the names Carmelo Gauci et vs Grima Carmel et, Application Number 81/11/2, the following publication was ordered for the purpose of service of the party Carmelo Gauci, in terms of Article 187(3) et sequitur of Cap.12.

Whereas the procedures in writing in the cause before the Court of Appeal, between Carmelo Gauci, Anthony Gauci, Alfred Gauci and Victor Gauci vs 1) Carmelo Grima and Sylvia spouses Grima 2) Mario Borg in his own name and exercising trade as Regent Group as well as in the name and in representation of the commercial partnership M&R Holdings Limited which was called into the suit, by decree of the 22nd June, 2011 3) Salvu Grech 4) Isaac Grima and Bertu Grima in their own name and in the name of the company B. Grima & Sons Ltd 5) Jimmy Vassallo and 6) Paul Abdilla, the Court fixed the hearing of this cause on Thursday, second (2) of May, 2019, at 10.00 a.m. and deferred to the 20th June, 2019, at 9.00 a.m.

Service: 19, Summer Home, Triq San Aristarku, St Paul’s Bay

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals