Court Notices published in Govt. Gazette No. 20,305 of 2 December 2019

ARB/C068/2019 – NEW FREEZING ORDER 

IT IS BEING NOTIFIED that by a decree dated 30th November, 2019, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry – (Magistrate Dr Audrey Demicoli LLD). Compilation Number 720/2019 in the case:

The Police 

(Inspector Keith Arnaud)

(Inspector Kurt Zahra) 

Versus

YORGEN FENECH, director, 38 years, son of the late George and Patricia née Camilleri, born in Tal-Pietà, Malta on the 23rd November, 1981, residing at Portomaso, 2592, Vjal Portomaso, San Ġiljan and holder of Maltese Identity Card bearing number 36482M.   

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

The Court AUTHORISED the said accused to receive the amount authorised by law 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 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 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 decree given by the Civil Court, First Hall on the 11th June, 2019, on the application of HSBC Bank Malta plc (C 3177), Tuesday, 10th December, 2019, at half past ten in the morning (10.30 a.m.), has been fixed for the sale by auction to be held in room number 78, near the Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta of the following property.

1. Apartment internally numbered ninety-two (92) situated on level nine (9) that is eighth (8th) floor measured from the Marina side, forming part of a block of eighteen (18) apartments and penthouse, with a common entrance numbered twenty-three (23) in a private road in Portomaso Development and accessible from a common entrance consisting of stairs and two elevators. The said block has a common entrance, forming part of a larger residential complex building built on property of Spinola Developments Company Limited, the said complex is unnumbered and named Portomaso, with secondary access from Triq Spinola and Triq il-Knisja, St Julians. The apartment is subject to servitudes over or in favour of the other apartments in the block, the common areas of the block and the property underlying and surrounding the block, as results and is necessitated from its physicial position in the block, including the servitudes of windows, and balconies, and the right of passage of the necessary services, pipes, drains and wiring through the block and the underlying property, including the use of services which may be passing through the overlying and/or underlying apartments in the block as well as through the underground garage and/or facilities belonging in toto to Spinola Development Company Limited. The respective owners of all apartments and the Administrator or his/her delegate shall have the right to access all services which are for their benefit, either exclusively or in common with others, for the sole purpose of maintenance and proper upkeep thereof. If access to the said services is through an apartment, the owner and the occupier thereof shall be given prior reasonable notice, provided that in case of acute emergency the Administrator or his/her delegate may enter an apartment without prior notice. This apartment is burdened by temporary utile dominium for the period which remains from the one hundred and fifty (150)  years which commenced on the nineteenth (19th) day of May of the year one thousand nine hundred and sixty-four (19/5/1964) and which expires on the eighteenth (18th) day of May of the year two thousand one hundred and fourteen (18/5/2114) with a pro rate not exceeding  the sum of two euro and thirty-three cents per year (€2.33) for  all the rights and enjoyments, but without its overlying airspace as described in the acts of notary Dr Remigio Zammit Pace, dated 14th November, 2007, valued one million and four hundred and forty thousand euro (€1,440,000).

2. Garage parking space numbered three thousand, four hundred and eighteen (3418) on garage level minus three (-3) measuring approximately eleven point five square metres (11.5m2) and up to a height of two point nine three metres (2.93m) with access thereto from common drive-in and internal roads, all built on the site known as Portomaso in St Julians, with all its rights and appurtenances excluding the overlying airspace, including the uninterrupted right of access of the remaining period of the original grant through the common accesses drive in and internal roads leading to the said garage space and is subject to annual and temporary ground rent of forty-seven cents (€0.47) and subject also to the servitudes which result from its position, including the servitude of passing of drains and drainage pipes, as well as passing of other services which may be required by Spinola Development Company Limited in order to serve the whole complex, and which garage space shall be retained open as assigned to Valeria Zusina, and not in any manner closed or built up by the Purchaser; with Spinola Development Company Limited retaining the right of access into said garage space for installation of all necessary services and the maintenance thereof throughout the remaining  period of the grant, said garage is bounded on all sides by property of Spinola Development Company Limited or successors in title, as better described in the act dated seventeenth (17th) November, two thousand and seven (2007) in the acts of Notary Dr Remigio Zammit Pace and is valued at fourty-eight thousand euro (€48,000).

The said tenement is the property of Zusina Valeria (Russian passport number 63No3729146) and by decree dated 1st October, 2019, Dr Victor Bugeja and LP Nadine Farrugia were nominated as deputy curators for the absent.

N.B. The said tenement will be sold as described in the acts of judicial sales number 29/2019.

GAETANA AQUILINA

For the Registrar, Civil Courts and Tribunals