Court Notices published in Govt. Gazette No. 20,209 of 6th June 2019

By a decree of the 28th 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 Articles 187 (3) and 338 (1) of the Code of Organisation and Civil Procedure (Cap. 12).

That by application and a schedule of set-off filed contemporaneously by Michael Attard Limited (C 33262) on the 21st May, 2019, the approval of the said judicial acts is being demanded for the amount of €21,861.00 following judicial sale by auction 35/14 in the names Michael Attard Limited vs Raymond and Philomena Buhagiar held under the authority of the said Court on the 13th 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

DKR 227/2009 – VARIATION OF A FREEZING ORDER

It is being notified that by a decree dated 29th May, 2019, given by the Criminal Court of Appeal (Inferior) – (Mr Justice Dr Giovanni M. Grixti LLD) following an application filed by Ruth Gatt on the 29th December, 2017, Compilation Number 826/2009 in the names:

The Police 

(Asst Commissioner Ian J. Abdilla)  

Versus:

Ruth Gatt, 43 years, daughter of Michael Angelo and Mary nee Galea, born in Ħ’Attard, Malta on the 31st December, 1975, residing at number 8, El Xaddai, Triq il-Familja Cumbo, Mosta, Malta and holder of Maltese identity card bearing number 51876M.

The Court authorised the accused Ruth Gatt:

1. To sell the maisonette situated in the first floor level that is second floor, including the roof and airspace, officially marked with number 42A, Triq Isouard, Marsa;

2. The proceeds from this sale shall be paid directly to Bank of Valletta plc as a settlement of debt due from the applicant Ruth Gatt for the bank loan previously granted to her before the freezing order;

3. Any remaining amount from the proceeds of sale after Bank of Valletta plc is being paid, is immediately affected by the freezing order against Ruth Gatt and therefore it has to be deposited under the Court Authority or else in a bank account which is subject to the freezing order;

4. Furthermore the applicant has to present an authentic copy of the contract with a note not later then two days after the publication of the act;

5. For this purpose Bank of Valletta plc is authorised to receive the monies for this debt. Regarding to any excess between the amount due and the proceeds, Bank of Valletta plc is authorised to receive any remaining amount, separately or limitedly, so that it will be deposited in a bank account pertaining to Ruth Gatt which is affected by the freezing order provided that the Notary who is going to publish the act does not choose to deposit any excess under the authority of this Court.

This variation is made in terms of Section 5 of the Prevention of Money Laundering Act, Chapter 373 of the Laws of Malta and Section 23A (2) of the Criminal Code, Chapter 9 of the Laws of Malta following a freezing order which decree was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Doreen Clarke LLD) on the 9th September, 2009, and published in the Government Gazette of the 25th September, 2009, where the Court ordered the attachment in the hands of third parties in a general manner, all monies and other movable and immovable property which may be due to or belonging to Ruth Gatt.

MARVIC PSAILA

Deputy Registrar, Criminal Courts and Tribunal