Court Notices published in Govt. Gazette No. 20,247 of 9th August 2019

ARB/C042/2019 – NEW FREEZING ORDER 

IT IS BEING NOTIFIED that by a decree dated 4th August, 2019, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry – (Magistrate Dr Grabiella Vella LLD). Compilation Number 478/2019 in the case: 

The Police 

(Inspector Joseph Xerri)

(Inspector Doriette Cuschieri)

Versus

JONATHAN JAMES BORG, unemployed, 38 years, 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 Article 5 of the Prevention of Money Laundering Act, Chapter 373 of the Laws of Malta and of Section 23A of the Criminal Code, Chapter 9 of the Laws of Malta.

The Court AUTHORISED the said accused to receive the amount that does not exceed thirteen thousand, nine hundred and seventy-six euro (€13,976.00) per year after the accused indicates with a note from where they are perceiving this money.

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

ARB/C032/2019 – VARIATION OF A FREEZING ORDER 

IT IS BEING NOTIFIED that by a decree dated 6th August, 2019, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry – (Magistrate Dr Donatella Frendo Dimech LLD). Compilation Number 329/2019 in the case:  

The Police 

(Inspector Lianne Bonello)

Versus

DONNA SHIPPING COMPANY LIMITED, with Maltese registration number C55436 and registered address at 171, Triq l-Ifran, Valletta, Malta; 

AND

KARL DAVID MALLIA, accountant, 44 years, 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.

The Court 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 up to a limit of €78,600 for each, 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.

This variation is being published in terms of 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, following a freezing order which decree was given by the Court of Magistrates (Malta) as a Court of Criminal Inquriy (Magistrate Dr Simone Grech LLD) on the 30th May, 2019, which was published in the Government Gazette on the 4th June, 2019, where the court ordered the attachment in the hands of third parties in general of all moneys and other movable or immovable property due or pertaining or belonging to DONNA SHIPPING COMPANY LIMITED and KARL DAVID MALLIA.

THE DIRECTOR, ASSET RECOVERY BUREAU

On behalf of the Registry of the Courts of Criminal Jurisdiction (Malta)

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 8th December, 2018, following a request by Matthew Borg et it was ordered that deputy curators be chosen to represent the unknown emphyteutae in the acts of the schedule of deposit number 2323/2018 in the names Matthew Borg et vs Deputy Curators and in the other relative and subsequent acts.

By means of a schedule of deposit and and concurrent redemption of ground rent filed in the First Hall of the Civil Court, in the names Matthew Borg, operator, son of Victor Borg and the late Maria Rosaria née Mifsud, born in Tal-Pietà on the 21st July, 1994, and residing in Rabat, Malta (ID 329094M) and Clare Micallef, ICT support officer, unmarried, daughter of Angelo Micallef and Rita née Cutajar, born in Tal-Pietà on the 1st March, 1992, and residing in Rabat, Malta (ID 133492M) vs Deputy curators to represent the unknown emphyteutae of the tenement with official number 4, with the name Sydney House, which tenement includes an underlying basement and a back garden together with a garage with number 6 interconnected with the same tenement in Triq il-Qastan, Baħrija, limits of Rabat, Malta, on the 4th December, 2018, the applicants Matthew Borg (ID 329094M) and Clare Micallef (ID 133492M) respectfully submitted:

That the applicants acquired by means of a deed in the records of Notary Dr Chantelle Borg dated 25th June, 2018:

‘The tenement with official number 4 with the name Sydney House, underlying the property of third parties but with its underlying space usque ad infernum which tenement includes the underlying basement of the same tenement and the back garden of the same tenement, together with the interconnecting garage with the same tenement in Triq il-Qastan, Baħrija, limits of Rabat, Malta.’

That the applicants wish to avail themselves of the option in Article 1501 et sequitur Cap. 16 of the Laws of Malta and thus redeem the same groundrent at the capitalised rate according to law.

That the said groundrent of €1.54 each year capitalised according to law amounts to €30.80.

Thus the applicants would like to avail themselves in terms of the right available to them in Article 1501 et sequitur of Cap. 16 of the Laws of Malta and are redeeming the groundrent of:

‘The tenement with official number 4 with the name Sydney House, underlying the property of third parties but with its underlying space usque ad infernum which tenement includes the underlying basement for the same tenement and the back garden of the same tenement, together with the interconnecting garage with the same tenement in Triq il-Qastan, Baħrija, limits of Rabat, Malta.’

And thus the applicants are calling upon this Honourable Court and under its authority are depositing the total amount of €30.80, and so that the same amounts will be redeemed by the respondents after leaving the relative receipts according to law.

Applicants: 

4, Sydney House, Triq il-Qastan, Baħrija, limits of Rabat, Malta

Service:     

Director Public Registry, Public Registry, Triq il-Merkanti, Valletta

Deputy curators

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, LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of 26th March, 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).

C. Fino & Sons Limited (C 2468) of Fino Buildings, Industrial Estate, Birkirkara, Malta, filed a Claim on the 22nd March, 2019, whereby they asked the Tribunal to condemn Josephine Dimech of Our Nest, Triq l-Indipendenza, Ħaż-Żebbuġ, Malta to pay the plaintiff company the sum of €1,006.57 which amount is due to the plaintiff company.

With costs and interest

The case (Claim Number 57/19SFJ) is deferred on the 18th September, 2019, at 12.30 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court First Hall on the 10th July, 2019, in the records of the Sworn Application in the names Casha John Mary vs Caruana Paul, Application Number 550/19 AF, the following publication was ordered for the purpose of service of the respondent Paul Caruana, in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application filed in the Civil Court First Hall in the names John Mary Casha (ID 241457M) vs Paul Caruana (ID 524386M) on the 4th June,  2019, the applicant John Mary Casha (ID 241457M) asked the defendant to state why this Honourable Court should not:

1. Declare that the defendant is a debtor of the plaintiff in the sum of €13,745.75 representing balance of contract of works for construction and uphold the other demands in the application amongst which the payment of the said sum €13,745.75 and the sum of €6,750.09, due as damages.

With costs and legal interest to run from the date when the payment was due against the defendant summoned so that a reference to his evidence was made.

The Sworn Application in the names Casha John Mary vs Caruana Paul, Application Number 550/19 AF, has been deferred for hearing to the 30th October, 2019, at 9.30 a.m.

Notify Respondent: 40, St Mary, Triq it-Tengħud tax-Xagħri, Mosta

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 29th January, 2019, in the records of the Sworn Application in the names Bin Muftah Tarek S. Amer vs International Horses Transport Limited et, Application Number 1152/18 GM, the following publication was ordered for the purpose of service of the company International Horses Transport Ltd, 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 Tarek S. Amer Bin Muftah (with passport of Libya number CO9LPNZC) vs International Horses Transport Limited (C 58582) and Ivan Riccardi (with passport of Italy number AA1956194) on the 16th November, 2018, the applicant Tarek S. Amer Bin Muftah (passaport of Libya number CO9LPNZC) asked this Honourable Court:

1. To declare the defendants or either of them responsible for the damages caused to the applicant as briefly premised in the aplication, liquidate the damages suffered and condemn the defendants or either of them for payment saving any necessary and opportune declaration.

With costs and legal interest as demanded in the application.

The defendants proprio et nomine are from now summoned so that a reference to their evidence be made.

Saving any further action due to the applicants according to law.

The Sworn Application in the names Bin Muftah Tarek S. Amer vs International Horses Transport Limited et, Application Number 1152/18 GM, has been deferred for hearing to the 31st October, 2019, at 10.30 a.m.

Notify defendant company: International Horses Transport Ltd, 221/3, Triq il-Wied, Birkirkara 

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 15th July, 2019, in the records of the Sworn Application in the names DAAA Haus Limited vs Portem Brew and Leisure Ventures Limited, Application Number 365/19 FDP, the following publication was ordered for the purpose of service of the defendant company Portem Brew and Leisure Ventures Limited and the defendant Mark Anthony Portelli, 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 DAAA Haus Limited vs Portem Brew and Leisures Ventures Limited, on the 11th April, 2019, the applicant DAAA Haus Limited asked this Honourable Court:

1. To declare and decide that the respondent company is a debtor of the applicant company in the sum of nine thousand euro (€9000) representing the balance of a larger sum due to the applicant company by the respondent company for services rendered by the applicant company and liquidate the damages suffered by the applicant company if necessary by the appointment of referees.

With costs and interest against the respondent company from now summoned so that a reference to its evidence be made and saving any further action due to the applicant company.

The Sworn Application in the names DAAA Haus Limited vs Portem Brew and Leisure Ventures Limited, Application Number 365/19 FDP, has been deferred for hearing to the 17th October, 2019, at 9.00 a.m.

Notify: Portem Brew and Leisure Ventures Ltd, 59, Triq il-Mediterran, Pembroke

Mark Anthony Portelli, as company secretary of the company Portem Brew and Leisure Ventures Ltd, 59, Triq il-Mediterran, Pembroke

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals