Court Notices published in Govt. Gazette No. 20,206 of 4th June 2019

ARB/C032/2019 – NEW FREEZING ORDER 

IT IS BEING NOTIFIED that by a decree dated 30th May, 2019, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry – (Magistrate Dr Simone Grech LLD). Compilation Number 329/2019 in the case:

The Police 

(Inspector Leanne Bonello)

Versus

DONNA SHIPPING COMPANY LIMITED, with Maltese registration number C 55436 and registered address at 171, Triq l-Ifran, Valletta, Malta.

AND

KARL DAVID MALLIA, accountant, 44 years old, son of Godfrey and Maria née Cachia, born in Ħ’Attard, Malta on the 18th January, 1975, residing at 70, Triq il-Konti R. Barbaro, Ħ’Attard, and holder of Maltese identity card bearing number 84375M.

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 DONNA SHIPPING COMPANY LIMITED and KARL DAVID MALLIA and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property and this according to Section 5 of the Prevention of Money Laundering Act, Chapter 373 of the Laws of Malta, and Section 23A of the Criminal Code, Chapter 9 of the Laws of Malta.

The Court AUTHORISED the accused KARL DAVID MALLIA to receive the amount authorised by law which is thirteen thousand, nine hundred and seventy-six euro and twenty-four cents (€13,976.24) on an annual basis provided that every financial entity is ordered to present a note by which it informs the Court in which account or from which account these moneys are taken or the accused themselves may indicate to the Court from which account they are perceiving the moneys indicated.

Any person who acts in contravention of the court order mentioned in Section 5 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 Court of Appeal, on the 8th May, 2019, in the records of the Application in the names Automated Revenue Management Services Limited vs Dr Frank Portelli, Application Number 17/17, the following publication was ordered for the purpose of service of the respondent Dr Frank Portelli, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, filed in the Court of Appeal in the names Automated Revenue Management Services Limited (C 46045) vs Dr Frank Portelli on the 5th April, 2017, by the company Automated Revenue Management Services Limited (C 46054) from the decision of the Malta Arbitration Centre, given on the 20th March, 2017, respectfully pleaded:

The facts:

That the facts in brief which brought about this arbitration began by means of a judicial letter sent to Dr Frank Portelli, dated 4th February, 2013, and in virtue of which the appellant company Automated Revenue Management Services Limited and namely ARMS Ltd asked the respondent on its own behalf and on behalf of the Corporation Enemalta and Water Services Corporation, to pay the global sum of twenty-six thousand two hundred nineteen euro and fifty cents (€ 26,219.50) as stated in this application. This arbitration was subsequently limited to the sum of eleven thousand two hundred fifty-three euro and ten cents (€11,253.10) and namely the balance resulting from the account numbered 101000067559 and subsequently reduced to the sum of ten thousand six hundred thirty-eight euro and fifty-seven cents (€10,638.57) and includes also the represented balance due by him for the consumption of water and all the interests due on the same.

The appeal:

That by a judgement given by the Maltese Arbitration Centre on the 20th March, 2017, it was decided that:

‘For these motives the undersigned arbitrator upholds the plea of the respondent that he is not the right defendant and consequently frees him from the observance of the judgement. Since that the original sum was much larger but various payments on account were made by the respondent during the arbitration proceedings, thus this implies that he had accepted that he was a debtor of the applicant in the amount paid by him.’

The grievances:

That the appellant felt aggrieved by this judgement and is humbly filing an appeal therefrom.

That the grievances are clear and manifest and consist in the following:

That it is a well established principle in our jurisprudence that this Court does not disturb the evaluation of the proof made by the Honourable Court of First Instance, if it reaches the conclusion that the said Court could reasonably and legally reach the conclusion it reached.

… omissis …

That the appellant is truly disturbed with the Arbitrator’s decision as the latter agreed with the respondent in his defence that he is not the right defendant as regards the account numbrered 101000067559, identified as the account of Synergene, when from the proof produced it resulted in the most ample manner that the account above referred to is presently registered on the respondent’s name Dr Frank Portelli.

… omissis …

That with the due respect, the reasoning adopted by the Court of First Instance in so far as when the juridical relationship between the appellant company and the respondent ended is not tenable. Essentially it is the responsibility of the person on whom the account is registered, even for its own benefit, to ascertain itself that every party involved in the process of transfer of the account abides by all that required by the appellant company. Certainly it cannot be said that the transfer is truly complete if one of the parties and namely the party transferring or otherwise on whom the account is being transferred has not abided by all the conditions required by the appellant company.

… omissis …

It was due to the respondent to ascertain that all the conditions are observed but even to ensure that Synergene Limited do so as well. The condition of payment of the deposit in the sum of two hundred euro (€200) has been adopted for a long time and thus the lack of observance on the part of Synergene Limited, undoubtedly should mean that the transfer never took place.

… omissis …

That besides all this, if the respondent truly felt that he was not the right defendant and that if anything the request of the appellant company should have been addressed to Synergence Limited, he could easily call the same company as a party to the cause ... omissis ... the amount due by the respondent from the account numbered 101000067559 was in the amount of twelve thousand five hundred ninety-one euro and six cents (€12,591.06).

Thus, the appellant for the reasons premised as well as all the reasons which can result during the pleading of the appeal, respectfully prays that this Honourable Court reform the judgement appealed by confirming it as regards the costs of the procedures and revoke and cancel the same in so far as it upheld the pleas of the respondent that he is not the right defendant.

Whereas the procedures in writing in the cause before the Court of Appeal between Automated Revenue Management Services Limited vs Dr Frank Portelli have been closed, the Court fixed the hearing of the cause on Friday, twenty-eight (28) of June, 2019, at 9.45 a.m., for pleading.

Respondent: 304, Villa Portelli, Triq San Pawl, St Paul’s Bay

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 12th April, 2019, Application number 652/2019 by Anthony Vella et whereby they prayed that it be declared open in favour of  Anthony and Grazia sive Graziella spouses Vella, parents of the decujus, in the quota of one half (1/2) undivided share between them, and the remaining one half (1/2) undivided share in favour of her sister Rita Angela Borg the succession of  Daniella Vella, unmarried, daughter of Anthony Vella and Grazia sive Graziella nee Buonfiglio, born in Tal-Pietà, resided in Ħal Qormi and died in Tal-Qroqq, Msida, Malta on the 18th December, 2018, aged 39, and who held identity card number 0312479M.

Therefore, 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 January, 2019, in the records of the judicial letter number 228/19 in the names Kingway Palace Company Limited vs Positive Holdings Limited, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent company Positive Holdings Limited in terms of Article 187(3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To Positive Holdings Limited of 38, Triq iż-Żejtun, Marsaxlokk

By this present Kingsway Palace Company Limited (C 4347) of Triq Santa Luċija, Valletta, refers to the shop number 5, which forms part of the block known as Kingsway Palace, and which shop is presently occupied by you, without any valid title at law.

That on the 9th November, 2018 you were notified with the judicial letter number 2430/18 filed on the 10th July, 2018, in the First Hall of the Civil Court, by means of which the interpellants solicited you to vacate the premises that is shop number 5, Kingsway Palace, Triq ir-Repubblika, Valletta for the reasons mentioned in the same letter.

Because you remained in default by means of this judicial letter the interpellant solicits you for the last time to vacate from the premises known as Kingsway Palace, in Triq ir-Repubblika, Valletta because you are occupying the premises without any valid title at law.

With costs and reserving all the rights available to the applicant company

This letter is being sent in terms of the provisions of Cap. 16 of the laws of Malta, namely article 1613 of the same Cap., and also Cap. 69 of the Laws of Malta.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 16th April, 2019, Application number 669/2019 by Dr Stephan Piazza et whereby he prayed that it be declared open in favour of the same Dr Stephan Piazza and Fiona Piazza children of the decujus in the quota of one fourth (1/4) undivided share each one of them and in favour of Francesco Piazza, husband of the decujus in the quota of one half (1/2) undivided share the succession of Martez Friggieri, wife of Francesco Piazza, daughter of Emanuel Friggieri and Josephine née Vassallo, born in Tas-Sliema, resided in Tas-Sliema and died in Catania, Italy on the 28th December, 2018, aged 71, and who held identity card number 1052247M.

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 22nd January, 2019, given by the Civil Court First Hall in the records of judicial letter number 3220/17, in the names Registrar of Civil Courts and Tribunals vs Fenech Michael Angelo, the following publication was ordered for the purpose of effecting service on the respondent Fenech Michael Angelo in terms of Article 187(3) Cap. 12.

In the First Hall of the Civil Court

To Fenech Michael Angelo of Dar Madliena, Triq il-Kosta, Naxxar

By the present the Registrar of Civil Courts and Tribunals of Law Courts, Triq ir-Repubblika, Valletta, solicits you so that within four days from the notification of this judicial letter you pay the sum of €650.00 due by you as Registry fees in connection with the law suit in the names:

Fenech Michael Angelo vs Gaffarena Joseph (SC, TM, JA1) decided on the 26th May, 2017

 In default the applicant reserves to proceed further against you according to law.

So much for your own guidance.

With costs

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 16th July, 2018, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 186/2017 in the names Automated Revenue Management Services Ltd pro et noe vs Anthony Seychell, the following publication was ordered for the purpose of effecting service on the respondent Anthony Seychell in terms of Article 187(3) et sequitur of Cap. 12.

In the Court of Magistrates (Malta) 

To Anthony Seychell (ID 461361M) of 173, Triq Santa Marija, Żejtun

By the present, Automated Revenue Management Services Limited (C 46054) of Gattard House, Triq Nazzjonali, Blata l-Bajda, Malta, in its own name and on behalf of Enemalta plc and Water Services Corporation, notifies you with the attached sworn declaration marked as Document A for all the purposes and effects of Article 466 of Cap. 12 of the Laws of Malta and solicits you to pay the amount of €1,813.38, which amount is sure, liquid and due and representing the balance due for the consumption of water and electricity, rent of water and electricity meter, administrative fees, connection and disconnection fees, and/or any other payment according to the electricity supply regulations or water supply regulations together with interest due on the amount according to law regarding the bill number 101000047942 for the premises Garage 28, Triq il-Faqqus, Żejtun which amounts to €1,813.38.

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

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

With costs

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 25th February, 2019, of the Civil Court First Hall in the records of judicial letter number 97/2019, in the names Commissioner for Revenue vs Karizia Company Limited, the following publication for the purpose of service on the respondent company was ordered in terms of Article 187 (4) of Cap. 12.

In the First Hall of the Civil Court

To Karizia Company Limited (C 8001) of 69, c/o Karizia Drugstore, Triq Ġorġ Borg Olivier, Mellieħa

By the present the Commissioner for Revenue of Centre Point Building, Triq Ta’ Paris, Birkirkara, calls upon you in terms of Articles 59 of Act XXIII of 1998, so that within two (2) days from the service of this act, you pay the amount of €16,778.22 representing the amount due by you as Value Added Tax according to the same act.

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

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

So much so that you may know how to proceed and to regularise your position.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the First Hall Civil Court on the 10th May, 2019, in the records of the Warrant of Prohibitory Injunction in the names Caruana Joseph et vs Tower Manor Limited et, Warrant Number 261/19 TA, the following publication was ordered for the purpose of service of the respondent John Debono, 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 (Applicant) Joseph Caruana (ID 208967M) son of Paul and Spiridiona née Saliba, born in Valletta and residing in Saint Paul’s Bay and Pauline Caruana (ID 473567M) daughter of Robert Caruana and Margaret née Borg, born in Tas-Sliema and residing in Saint Paul’s Bay against (Respondent) Tower Manor Limited (C 30168) and Joseph Quattromani (ID 141142M) son of Giuseppe and Carmela née Frendo, born in Ħad-Dingli and residing in Mosta and John Debono (ID 774352M) son of Joseph and Teresa née Balzan, born in Birkirkara and residing in Saint Paul’s Bay, for any interest they may have, on the 27th February, 2019, the applicants Joseph Caruana and Pauline Caruana respectfully pleaded:

That the interpellants have an interest to safeguard their rights.

That the interpellants in order to safeguard their rights wish to hold the respondents from selling, alienating, transferring, ceding or disposing by any mode or title both onerous or gratuititous title the following property and namely:

i) The duplex penthouse including the overlying airspace numbered nine (9) which is situated in the sixth floor forming part of a block without official numer named ‘Manor Court Block B’ accessible from Triq Ġużeppi Despott, in Qawra, limits of Saint Paul’s Bay, as better described in this warrant.

ii) The duplex penthouse including the overlying airspace internally numbered ten (10) which is situated in the sixth floor forming part of a block without official number named ‘Manor Court Block B’ accessible from Triq Ġużeppi Despott, in Qawra, limits of Saint Paul’s Bay, as better described in this warrant.

That the present demand is being brought forward since that by means of a deed of a preliminary agreement of the 17th December, 2016, the respondent company bound itself to pay, and transfer to the applicants, the property abovementioned. That the applicants adopted the procedure established in Article 1357 of the Civil Code (Cap. 16) and apart from calling the respondent company by means of a judicial letter in order to come forward to the publication of the final deed, filed the oportune sworn application together with this cause.

That the interpellants shall be prejudiced if the respondent is not witheld as stated.

Thus, the interpellants humbly pray that this Honourable Court order the issuing of a Warrant of Prohibitory Injunction in order to withold him from carrying out the acts abovementioned.

Confirmed before me by oath after I read its contents and with two docs.

Republic of Malta

Court Warrant

To the Court Marshall

Whereas the above application was presented and there recur the necessary elements according to law for the undermentioned orders.

And after doing this or if you encounter any difficulty in the execution of this warrant you are to inform this Court forthwfith.

Given by the Civil Court First Hall with the witness of the Hon. Mr Justice Toni Abela, Doctor Laws.

The Application Warrant of Prohibitory Injunction in the names Caruana Joseph et vs Tower Limited, Application Number 261/19 TA, has been deferred for hearing to the 4th Junem, 2019, at 9.30 a.m.

Applicant: 

137, Bognor Mansions, Triq Sant’Antnin, Saint Paul’s Bay

Respondent: 

… omissis …

… omissis …

John Debono, Cescana, Flat 9, Triq it-Turisti, Saint Paul’s Bay

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

Notice Registry of the Civil Court, First Hall:

Whereas Dr John Axiak noe (ID 0575083M) filed an application under oath (No. 511/2019/LSO) demanding correction in the Act of Marriage No: 1610/2002 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

Notice Registry of the Civil Court, First Hall:

Whereas Abdulkarim Alawad et (ID 0083427A) filed an application under oath (No. 514/2019/LSO) demanding correction in the Act of Birth No: 6130/2018 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

By means of a decree of the 1st February, 2019, by the Rent Regulation Board, in the records of the Application in the names Carmelo Dingli et vs Daniel Caruana et, Application Number 195/2018MV, the following publication was ordered for the purpose of effecting service on the respondents Daniel Caruana and Tikoda Caruana in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

By means of an application in the names Carmelo Dingli (ID 609549M), Joseph Dingli (ID 899646M) and Edgar Farrugia (ID 19750M) vs Daniel Caruana (ID 438786M) and Tikoda Caruana (ID 456087M) filed on the 14th November, 2018, the applicants Carmelo Dingli (ID 609549M), Joseph Dingli (ID 899646M) and Edgar Farrugia (ID 19750M) humbly requested and Carmelo Dingli (ID 609549M) confirmed on oath:

That by means of lease agreement dated 5th September, 2016, the applicants leased to Daniel Caruana the premises 15 (ex-1) Misraħ Sant’Anna, c/w 45, Triq San Tumas, Floriana for a period of five years di fermo from the 1st May, 2016, which period could be extended according to the same agreement, copy of the agreement is here attached as Document A.

In terms of clause 3.01 the rent which had to be paid according to the same agreement on the second and third year was of 25 euro a day (excluding VAT) and which was to be paid by means of a bank transfer with six months in advance and by means of a bank transfer not later than fourteen days before the due date for payement (that is 17th April and 18th October of each year).

And since it results that in fact the respondents Caruana are in delay of payment of rent for two installments and they breached various obligations imposed on them in the same agreement, which breaches have led to the ipso iure termination of the lease agreement and this as will be explained: 

As regarding the arrears for rent, it results that:

(i) The rent for the following period (01/05/2018 – 31/10/2018) and that had to be paid by the 17th April, 2018, was not paid;

(ii) And neither was the rent due for the current period, which rent had to be paid by the 18th October, 2018;

Thus, the arrears amounts to the total amount of €9,125.

It further results that the respondents remained in default in the payment of water and electricity services and as far as the applicants know there are more than six thousand euro in arrears (and this in violation of clause 6.03 of the agreement).

In addition, the respondents failed to provide evidence that they renewed the insurance on the premises in terms of clause 7.01 of the agreement and also they failed to keep the premises clean and in good condition as requested in clause 6.01.

And by means of a letter of the 2nd May, 2018, the respondents were informed and notified of their defaults including in particular those in terms of clause 6.01 and 7.01, and they were given a time limit of 30 days to regulate themselves.

And notwithstanding this notice, the respondents remained in default till today (it results that in fact the premises in question today are closed) and thus in terms of clause 9.01 the lease agreement is terminated ipso jure.

And as the applicants wish to resume the possession of the premises and for the amount due in arrears of rent to be paid without any prejudice to any other amount that may be due (for instance the services which remain unpaid) and also the penalties/preliquidated damages till the date when the applicants resume the effective and vacant possession of the premises.

And since they were solicited to vacate the premises but the respondent remained in default, this application had to be made.

Thus, the applicants respectfully request this Board, subject to any other other necessary and opportune declaration, to:

1. Hear these proceedings without proceeding to trial and this in terms of Article 16A of Cap. 69 of the Laws of Malta;

2. Declare that the lease of the premises abovementioned is terminated ipso jure according to the same agreement;

3. Declare that the respondents are debtors to the applicants in the amount of €9,125 representing two rent installments that had to be paid on the 17th April, 2018, and 18th October, 2018, or any other amount and also the interest according to law from the date the amount is due till the date of effective payment, and this without prejudice to any other any amount that may be due in way of damages;

4. Order the same respondents to vacate from the premises abovementioned and return the vacant possession of the same to the applicants and this within a short and peremptory time that this Honourable Board deems fit.

With due reservation of any other action that the applicants deem fit against the respondents including for damages caused to the premises.

With costs against the respondent that are from now summoned so that a reference to their oath be made

Applicants: 

26, Lascaris Wharf, Valletta

Notification respondents:

Residence: 108, Flt 3, Triq San Duminku, Valletta

Shop 15, Misraħ Sant’Anna c/w 45, Triq San Tumas, Floriana

The Application in the names Carmelo Dingli et vs Daniel Caruana, application number 195/2018MV, has been postponed for hearing for the 18th June, 2019, at 10.45 a.m.

That this application is made in terms of Article 16A(1)(b) of Cap. 69 of the Laws of Malta. These are special summary proceedings, in which proceedings the judgment will be given on the first day of hearing of the application and if the respondent does not make an appearance at the sitting or if they fail to show, during that sitting, that they have a valid defence and reasons to contest the applicant’s request.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

Republic of Malta 

To the Marshall of the Court

By means of a decree given by this Court, on the 15th May, 2019, following a request of Advocate Doctor Luigi A. Sansone noe, as special mandatary of Prada S.A., a foreign company it was ordered that deputy curators be chosen to represent Ratoo Limited and Eurl Massaro Import & Export, in the records of the Sworn Application 459/2019 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 (ID 258269 M) as special mandatary of Prada S.A., a foreign company organised under the laws of Luxembourg and address of 23, Rue Aldringen, L-1118, Luxembourg, Luxembourg vs deputy curators to represent (1) Ratoo Limited, a foreign entity with unknown address and (2) Eurl Massaro Import & Export, a foreign entity with an indication of address of Coop El Amel 01, No.07, El Eulma 19600, Algeria and with an indication of identification fiscal Algerian number (NIF) 001019008850245, on the 15th May, 2019, the applicant Advocate Doctor Luigi A. Sansone LLB (Hons) LLD (ID 258269 M) as special mandatary of Prada S.A., a foreign company organised under the laws of Luxembourg and address 23, Rue Aldringen, L-1118 Luxembourg, Luxembourg asked this Honourable Court and confirmed on oath:

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 pairs of jeans, which all have on them 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 number 012443362, which objects are all presently held under the authority of the Director General (Customs) after he found that the container MSKU4707189 which contained them contravenes the rights of intellectual property of the plaintiff company as regards the same European trademark number 012443362;

2. Declare that the same objects and namely a quantity of pairs of jeans which all have on them identical trademarks to or which cannot be distinguished in their essential aspects from those of the plaintiff company duly registered as European Union Trademarks (EU trademarks) with number 012443362 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, the same storage, the transport from the place of storage to their eventual destruction, to the attendance of the destruction and to the removal of the waste generated from the same destruction.

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 (ID 258269M) as special mandatary of Prada S.A., a foreign company organised under Luxembourg laws, and holding address 23, Rue Aldringen, L-1118 Luxembourg, Luxembourg: 84-85, Triq Melita, Valletta VLT 1120.

Notify the Defendants: Deputy Curators to represent 1) Ratoo Limited a foreign entity with an unknown address and 2) Eurl Massaro Import & Export, a foreign entity with an indication of address of Coop El Amel 01, No.07, El Eulma 19600, Algeria, and with an indication of Algerian fiscal number (NIF) 001019008850245, 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 th execution of this bann, you are to inform forthwith this Court.

Given by the Civil Court First Hall, abovementioned, with the witness of the Hon. Madam Justice Miriam Hayman, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

Banns for Curators 

Republic of Malta 

To the Executive Officer (Courts of Magistrates (Gozo) 

By means of a decree given by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section on the 22nd May, 2019, in the records of the Sworn Application in terms of article 495A of the Laws of Malta, bearing reference number 40/2019BS in the names Mary Sultana (ID 45741G) in her own name and on behalf and in representation of Joseph Debrincat (ID 51842G); Gloria Portelli (ID 39645G); Antoinette Portelli, (ID 4747G); siblings Debrincat, sons of the late Michael and Mary Debrincat née Grima and Joanna Rose Farrugia, on behalf and in representation of George Debrincat, Maria Assunta Debrincat (ID 74443G); Joseph Debrincat (ID 72651G); siblings Debrincat, children of the late Joseph and Elizabeth née Fenech together with Mary Debrincat widow of Vincent Debrincat (ID 11243G); Robert Grech (ID 199090M); son of Lawyer Alfred Grech and of the late Valerie née Stefan on behalf of his own name and in representation of Robert Stefan and Trisch Hickman, children of the late Rosemary Stefan; John Farrugia (ID 32139G); along with Emanuel John and his wife Vicky Farrugia (ID 30282G and 2689G respectively) ordered the following publication for the purpose of appointment of Deputy Curators to be chosen to represent on behalf and in representation of the absent Mark Stephan and Paul, Gary, Gordon and Gina Debrincat all siblings residing in the United States of America in the records of the said sworn application and in the relative and subsequent acts.

By means of the said sworn application of Emanuel John Farrugia (ID 30282G) humbly submits and confirms on oath whilst he declares that he knows the following facts personally:

1. This present application relates to the following premises with number seventy-two (72) in Triq Sant’ Orsla, Victoria, Gozo, which premises consists of:

i. ground floor garage without its airspace;

ii. a cellar at basement level which cellar extends under the part indicated as letter B on the plan annexed to the same promise of sale and which cellar also includes its subsoil;

iii. the garden of the same premises includes both its airspace as well as its subsoil.

And this as best shown on the plan annexed to the preliminary agreements already signed between the parties.

2. The premises was originally acquired by George Debrincat and his wife Coronata known as Fortunata Micallef by virtue of a deed of partition and donation published in the acts of Notary Francesco Refalo dated the nineteen (19th) September of the year nineteen hundred thirty-two (1932). From these people, it has been either inherited or sold as listed in Document B here annexed.

3. That by virtue of:

(i) a promise of sale signed before Notary Anthony Hili dated the thirty-first (31st) January of the year two thousand and nineteen (2019), all applicants except Robert Grech, Robert Stefan, Trisch Hiekman bounded to sell sixteen from thirty-two (16/32) undivided shares each or rather one half (1/2) undivided share of this property to applicants John and Vicky Emanuel Farrugia at the price of eighty-six thousand, nine hundred and sixty-two euro (€86,962) a promise which is duly registered with the Inland Revenue number PS201902743;

(ii) The promise of sale signed before Notary Anthony Hili on the second (2nd) March of the year two thousand and nineteen (2019), the applicants expect Robert Grech, Robert Stefan, Trisch Hikman bounded to purchase three from thirty-two (3/32) undivided shares each from this premises to applicants Emanuel John and Vicky Farrugia at a price of sixteen thousand, three hundred and five euro and thirty-eight cents (€16,305.38) which promise is duly registered with the Inland Revenue number PS201906690;

(iii) The promise of sale signed before Notary Anthony Hili on the second (2nd) May of the year two thousand and nineteen (2019), the applicant John Farrugia bound to sell one fourth (1/4) undivided shares each of this property to Emanuel John and Vicky Farrugia at a price of forty-three thousand, four hundred and eighty-one euro (€43,481) which promise is duly registered with the Inland Revenue.

 4. Thus only the remaining respondents: 

(i) Mark Stephan did not adhere to this promise of sale. That this respondent has a quota of one from thirty-two (1/32) undivided shares each from this property;

(ii) Certain Paul, Gary, Gordon and Gina all children of George Debrincat did not adhere to this promise of sale. These respondents all together have a quota of one-eighth (1/8) undivided shares each from this property.

5. That the applicant believed that the original price agreed between all applicants except Emanuel John and Vicky Farrugia and the same Emanuel John and Vicky Farrugia as advantageous considering the measurement of this property, the state in which the building is located, as well as the location in which it is situated, and all the circumstances related to these properties as shown by the valuation of the Architect annexed as Document C.

6. That the applicants have been trying to make contact with the respondent but failed to obtain its consent to the proposed sale.

Therefore, the applicants humbly submit that this Honourable Court, subject to the publication of this application in the Government Gazette and in another local newspaper in terms of article 495A of Cap. 16:

(1) declares that the price and the conditions originally proposed for the sale of the shares of all applicants except Emanuel John and Vicky Farrugia from the property above described to the same Emanuel John and Vicky Farrugia is fair and appropriate and the same price and conditions shall apply to sales pertaining to the respondent from the same property;

(2) approve the proposed sale, and ordering the publication of the deed of sale even for that which concerns pertaining quota to the respondents Mark Stephan and Paul, Gary, Gordon and Gina all children of George Debrincat, in day, time and place to be fixed and therefore appoint Notary Anthony Hili to publish the deed of sale opportune, with the intervention deputy curators to represent the eventual defaulters on the act.

You, the executive officer of the Court of Magistrates (Gozo) are therefore ordered to affix an official copy of these banns at the entrance of this Court, and to summon whosoever would like to act as curator represent on behalf and in representation of the absent Mark Stephan and Paul, Gary, Gordon and Gina Debrincat siblings residing in the United States of America of the to appear in this Registry within six days, and by means of a minute to submit a declaration that they would like to so act. 

You are also ordered to inform each and every one that if they fail to make this declaration within the stipulated time, the Court will proceed with the selection of official curators. And after so doing, or if you should encounter any difficulty in the execution of these banns, you are to forthwith inform this Court.

Given by the Court of Magistrates (Gozo) Superior Jurisdiction, General Section, abovementioned, as witnessed by the Hon. Magistrate Doctor Brigitte Sultana LLD, LL.M. (Cardiff), Adv. Trib. Eccl. Melit, Magistrate of the abovementioned Court. 

DIANE FARRUGIA, 

For the Registrar, Gozo Courts and Tribunals

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 9th May, 2019, following a request by Grace Vella et it was ordered that deputy curators be chosen to represent the absent owners and/or not known in the records of the sworn application number 422/2019AF in the names Grace Vella et vs Deputy Curators and in the other relative and subsequent acts.

By means of a sworn application, filed in the First Hall of the Civil Court, in the names Grace widow of Joseph Vella, daughter of Leone Cassar and Felicia née Cassar, born in Żejtun and resided in Żejtun (ID 778230M); Catherine wife of Fredrick Enriquez, reception clerk, daughter of Angelo Vella and Angela née Cassar, born in Żejtun on the 8th January, 1958, and residing at Ħal Tarxien (ID 64758M), Miriam Padovani Ginies born in Żejtun on the 8th June, 1963, and residing in Fgura (ID 307163M) and Alfred retired born in Żejtun on the 15th January, 1955, and residing in Ħaż-Żebbuġ (ID 92455M) siblings Vella children of Angelo Vella and Angela née Cassar; Rita wife of John Mary Cutajar, house wife daughter of Joseph and Giovanna née Lanzon born in Żejtun on the 23rd August, 1960, and residing in Żejtun (ID 581660M) together with Evelyn Borg, born in Żejtun on the 4th January, 1963, and residing in Ħaż-Żabbar (ID 61063M) who are appearing both in their own name and as curators of their brother Lawrence sive Leo Cassar born in Żejtun on the 20th July, 1969, residing at Dar tal-Providenza, Siġġiewi (ID 302069M) and this as authorised by the Civil Court (Voluntary Jurisdiction Section) by means of a decree of the 5th February, 2019, was interdicted following an application 190/2019 attached as Doc. A all children of Giuseppe and Giovanna née Lanzon; David Cassar, controller son of Carmelo and Inez née Bonnici, born in Marsaxlokk on the 4th December, 1956, and residing in Żejtun (ID 796656M), Tarcisio Cassar policeman and Sister Mary Grace known to the world as Ġemma unemployed and unmarried and Rosa Cassar legally seperated from Michael Bonello, carer children of Carmelo and Inez née Bonnici born in Marsaxlokk on the 7th December, 1958, 16th November, 1947, and 5th June, 1950, and residing in Iklin, Birkirkara and Marsaxlokk respectively (ID 4659M, 1035147M and 567050M) and Josephine Cassar wife of Saviour Cassar, chemist daughter of Carmelo Cassar and Inez née Bonnici born in Marsaxlokk on the 21st March, 1953, and residing in Ħal Tarxien (ID 258253M) and Maria wife of Pio Dalli, house wife, daughter of Carmelo Cassar and Inez née Bonnici born in Marsaxlokk and residing in Swieqi (ID 481249M); Horace Theuma (ID 708844M) born in Żejtun on the 7th August, 1944, and residing in Żejtun; Antonia widow of Charles Tabone (ID 376850M) born in Żejtun on the 13th April, 1950, and residing in Żejtun, Mary wife of Tarcisio Zammit (ID 167046M) born in Żejtun on the 8th February, 1946, and residing in Żejtun, Frances wife of John Gauci, house wife born in Żejtun on the 25th March, 1947, and residing in Australia (ID 318947M) all children of Daniel Theuma and Maria Assunta née Cassar (daughter of Maria Grazia Cassar); Mikelina widow of Louis Bonnici, born in Żejtun on the 17th January, 1949, and residing at 2, Triq il-Kantur, Żejtun (ID 120749M); Mary widow of Charles Tabone born in Żejtun on the 27th June, 1946 (ID 554546M) and residing at 23A, Misraħ Muxi, Ħaż-Żebbuġ and children of her husband Joseph Tabone born in Tal-Pietà on the 16th February, 1971 (ID 105271M) and residing at 13, Triq Sidtna tal-Anġli, Ħaż-Żebbuġ, Silvio Tabone born in Tal-Pietà on the 19th May, 1975 (ID 251575M) and residing at Evergreen, Flat 2, Triq il-Kbira, Ħaż-Żebbuġ; Mark Tabone, born in Tal-Pietà on the 15th April, 1986 (ID 186286M) and residing at 148, Triq Frans Sammut, Ħaż-Żebbuġ, Robert Tabone born in Tal-Pietà on the 20th March, 1967, and residing at 27, Triq Serafin Tanti, Ħaż-Żebbuġ (ID 144867M); Lara Ann Gafà born in St Julian’s on the 15th November, 1980, and residing at 5, Triq San Girgor, Żejtun (ID 54858M); Michael Gafà, born in Ħ’Attard on the 24th September, 1978, and residing at 15, Triq il-Kbira, Żejtun (ID 461578M); Paul Gafà born in Ħ’Attard on the 7th July, 1976, and residing at 14, Triq Mons. Mikiel Spiteri, Żejtun (ID 360376M); Grezzju Degabriele born in Ħaż-Żabbar on the 19th November, 1947, and residing at 62, Triq San Klement, Żejtun (ID 1008547M); Raymond Cumbo born in Tal-Pietà on the 5th December, 1959, and residing at 62, Triq San Klement, Żejtun (ID 1460M); Joseph Bianco (ID 296058M) born and residing at 98, Triq il-Vittorja, Ħal Qormi, Mary Grace Bianco (ID 417261M) born and residing at 39, Olympia Court, Flat 3, Triq il-Mintba, Marsaskala; Raymond Bianco (ID 157360M) born on the 2nd March, 1960, and residing at 60, Triq tal-Fieres, Ħal Kirkop; Giovanni sive Ivan Bianco (ID 157360M) all children of Anthony and Carmena née Farrugia vs deputy curators to represent Frances Bianco daughter of Giuseppe Bianco and Maria née Cassar with whom there is no contact; Colin Bianco son of Charles Bianco with whom there is no contact; Mary Camilleri, Francis Cassar, Joseph Cassar, Teresa Gatto, Doris Cauchi with whom there is no contact and Mary Rose Reis, Rita Sammut, Jane Cassar Woods, Georgia Bartolo and Angela Villafranca, all children of Angelo Cassar with whom there is no contact, on the 29th April, 2019, the applicants requested with repect regarding the application made in terms of Article 495A of Cap. 16 of the Laws of Malta:

That the parties are the owners of the premises that is the house with number 15 previously number 12, Sqaq San Bastjan, in Triq il-Kbira, Żejtun, with its free airspace, subject to the annual payment of 75 cents, otherwise free and unencumbered in its actual state, with vacant possession with all its rights and appurtenances;

The premises de quo were acquired by Francesco and Evanġelista spouses Cassar by means of a deed in the records of Notary Lorenzo Cassar of the 16th December, 1906, which deed was then corrected by a deed in the records of Notary Arthur Leone Ganado of the 23rd November, 1924;

… omissis …

The applicants between them agreed that the property has to be sold to Sonia Galea, house wife, daughter of the late James Ishmael and Henriette née Young, born in Tal-Pietà on the 17th November, 1964, and residing in Marsaskala (ID 581964M) in her own name and for and on behalf of Joseph Galea manager son of Alfred and Josephine née Pace born in Ħ’Attard on the 5th November, 1963, and residing in Marsaskala (ID 649463M) as duly authorised, for the price freely and consensually agreed of €83,500 as results from the preliminary agreement dated 7th July, 2017, as subsequently extended (attached as Doc. D);

… omissis …

Thus, the applicants request with respect that this Honourable Court:

1. Orders the sale of the property that is found in number 15, Sqaq San Bastjan, in Triq il-Kbira, Żejtun and this according to the terms and conditions as results from the preliminary agreement dated 7th July, 2017, as subsequently extended;

2. Orders that the deed of transfer be published by Notary Public Doctor Joseph Tabone;

3. Nominates deputy curators to represent the other unknown respondents or co-owners;

4. Establishes the time, day and place for the publication of this deed of transfer.

Applicant: Rita Cutajar, 23, Triq il-Kostituzzjoni, Żejtun

Notification: Deputy curators, Law Courts, Valletta

You are therefore ordered to affix an official copy of these banns 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, abovementioned, with the witness of the Hon. Mr Justice Lawrence Mintoff LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree of the 20th May, 2019, given by the Courts of Magistrates (Malta), ordered that the extract hereunder mentioned be published for the purpose of service according to article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).

That by the application filed by Romina Sah Frendo (ID 39479M) on the 19th February, 2019, is asking for the withdrawal of the amount of €2,752.49 by Romina Sah Frendo (ID 39479M) deposited by the Schedule of Deposit number 241/2019 in the names of:

Romina Sah Frendo (ID 39479M) vs Olena Volodymyrivna Caruana Verbytska (ID 2006902P)

The Court ordered the notification of this application with two (2) days for filing a reply.

MARVIC FARRUGIA

For the Registrar, Courts and Civil Tribunals

By means of a decree of the 23rd May, 2018, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 3008/2017 in the names Automated Revenue Management Services Ltd pro et noe vs Elia Grixti, the following publication was ordered for the purpose of effecting service on the respondent Elia Grixti in terms of Article 187(3) et sequitur of Cap. 12.

In the Court of Magistrates (Malta) 

To Elia Grixti (KI 1079947M) of 21, Melton House, Triq il-Falkunier, Fgura

By the present, Automated Revenue Management Services Limited (C 46054) of Gattard House, Triq Nazzjonali, Blata l-Bajda, Malta, in its own name and on behalf of Enemalta plc and Water Services Corporation, notifies you with the attached sworn declaration marked as Document A for all the purposes and effects of Article 466 of Cap. 12 of the Laws of Malta and solicits you to pay the amount of €3,089.87, which amount is sure, liquid and due and representing the balance due for the consumption of water and electricity, rent of water and electricity meter, administrative fees, connection and disconnection fees, and/or any other payment according to the electricity supply regulations or water supply regulations together with interest due on the amount according to law regarding the bill number 101000112167 for the premises 21, Melton House, Triq il-Falkunier, Fgura.

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

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

With costs

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court (Family Section) on the 25th May, 2019, in the records of the General Application in the names Noel Micallef et vs Nigel Micallef et, Application Number 134/19 AL, the following publication was ordered for the purpose of service of the respondent Marinela Micallef, 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 Noel and Denise spouses Micallef, with respective identity cards 659057M and 167371M, vs Nigel and Marinela spouses Micallef, with respective identity cards 71784M and 71215A, on the 15th March, 2013, the applicants Noel and Denise spouses Micallef, respective ID 659057M and 167371M, respectfully pleaded:

1. That the interpellants are the father and mother of the respondent Nigel Micallef.

2. That the respondent Nigel Micallef together with the respondent Marinela Micallef have two children, … omissis …, minors.

3. That the interpellants are the paternal grandparents of the said minors.

4. That at the moment criminal proceedings are being taken against the respondents regarding alleged corruption of their minor children.

… omissis …

7. As criminal proceedings are still being proceeded with against the parents and the parents of Marinela Micallef live outside Malta, it was decided that the most suitable people to take care of the minors pending the criminal proceedings are the paternal grandparents.

… omissis …

Thus, in view of the above the interpellants humbly pray this Honourable Court that:

1. They be entrusted with the care and custody of the minors abovementioned.

2. That the respondents shall continue to have right of access as supervised by the Agency Appoġġ, and this under any provision that this Honourable Court deems fit.

Applicant: Tax-Xini, Block C, Flat 6, Triq it-Torri, Xlendi, Munxar

Respondent: 33, The Fins, Flat 3, Triq F. Geneste, Birkirkara

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of 11th February, 2019, 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) on the respondent Keith Attard.

Argus Insurance Agencies Limited (C 597) for and on behalf of the foreign company Argus Insurance Company (Europe) Limited of La Concorde, Triq Abate Rigord, Ta’ Xbiex, filed a Claim on the 24th January, 2019, whereby they asked the Tribunal to condemn Keith Attard of 41, Flat 1, Triq San Franġisk, Floriana and Philisianne Attard, to pay the plaintiff company the sum of €3,280.25 which amount is due to the plaintiff company.

With costs and interest

The case (Claim Number 12/19SFJ) is deferred on the 12th June, 2019, at 12.30 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on the 13th May, 2019, on the application of Axiaq Paul (ID 372861M), Tuesday, 3rd September, 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 nearby the Archives, Level -1 Courts of Justice, Triq ir-Repubblika, Valletta of the following property.

The undivided half of ground floor maisonette numbered nine (9) previously numbered thirty-four (34) in Triq tal-Karmnu, Fgura underlying the first floor maisonette third party property as further described in the acts of Notary Carmel Mangion dated twenty-seventh (27th) of May, year two thousand and thirteen (2013), free and unencumbered, valued at ninety thousand euro (€90,000). 

The said tenement is the property of Mangion Charles (ID 496273M).

N.B. The said tenement will be sold as described in the acts of judicial sales file number 30/2016.

GAETANA AQUILINA

For the Registrar, Civil Courts and Tribunals

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 22nd May, 2019, following a request of Advocate Doctor Peter Fenech noe it was ordered that deputy curators be chosen to represent the absent consegnetary Eurl Anit Import Export of Alger - Algeria, in the records of the Sworn Application 448/2019 MCH, in the names Advocate Dr Peter Fenech 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 Peter Fenech as special special mandatary of the foreign company Tommy Hilfiger Licensing BV of Stadhouderskade 6, 1054, ES Amsterdam, The Netherlands vs deputy curators to represent the absent consegnetary Eurl Anit Import Export of Alger – Algeria, on the 8th May 2019, the applicant Advocate Doctor Peter Fenech as special mandatary of the foreign company Tommy Hilfiger Licensing LLC asked this Honourable Court and whilst the same Advocate Doctor Peter Fenech (ID 674668M) confirmed on oath and declares that he knows about the facts personally;

1. To declare that the objects consisting of trousers all with the registered mark Tommy Hilfiger Licenbsing BV on which there is the trademark of the European Union as registered with the Office of Intellectual Property of the European Union (EUIPO) that is: (a) the words “TOMMY HILFIGER” with registration number 131706 dated 16th October, 1998 (Doc. A1 attached); (b) figurative mark with registration number 138529 dated 5th June, 2000 (Doc. A2 attached); (c) the work “TOMMY” with registration number 001209790 dated 3rd August, 2005 (Doc. A3 attached); (d) figurative mark with registration number 011267945 dated 14th March, 2013 (Doc. A4 attached) that are presently found under the authority of the Customs Controller after he suspended the release of the container with number APZU 3533620 containing the said merchandise, which are counterfit and contravene the rights of intellectual property to the applicant company Tommy Hilfiger Licensing BV, and this by means of the nomination of experts for this reason;

2. Orders the Comptroller of Customs to dispose from the said merchandise outside the channels of commerce, in such a manner as to preclude any damage to the applicant company and the public consumer or order the Comptroller of Customs to destroy the said merchandise in any case without any compensation and at the expense of the respondents;

3. Order the respondents are to bear all the costs connected with the measures ordered in terms of the second (2) and third (3) demands of the applicants’ demands including those of transport of the said merchandise for storage in Malta, before their eventual destruction, of the storage itself for tallying and all the expenses due to the Comptroller of Customs from the beginning of the procedures as well as the transport from the place of storage till the eventual destruction including all the costs incurred for the final destruction of the said merchandise.

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

Applicant noe:

36, Triq l-Arċisqof, Valletta VLT 1447

Deputy curators, Courts of Justice, Valletta

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. Madam Justice Miriam Hayman, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals