Court Notices published in Govt. Gazette No. 20,310 of 6th December 2019

By means of a decree given by the Constitutional Court on the 21st November, 2019, in the records of the Application Number 29/14/1, in the names Tancred Tabone vs the Honourable Speaker of the House of Representatives et, the following publication was ordered for the purpose of service of the respondent Tancred Tabone, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application filed in the Constitutional Court, Sworn Application Number 29/2014 AF, Tancred Tabone vs the Honourable Speaker of the House of Representatives and the Chairperson of the Permanent Public Accounts Committee all in their capacity premised and in representation of the same House of Representatives and the same Committee respectively, on the 23rd May, 2018, the applicant Attorney General respectfully pleaded:

That this appeal involves matters of constitutional importance which impinge on the workings of the constitutional institutions of the State, on the separation of powers and on the functions of the House of Representatives, in the consideration of reports of the Auditor General regarding the expenditure of public funds.

That the interpellant has an interest to participate in these procedures and to make his submissions in them even since these procedures impinge on public order and the public interest in terms of Article 786(2) of Cap. 12.

Thus the interpellant respectfully prays that this Honourable Court accept him as intervenor in these procedures in statu et terminis and authorise him to present submissions both in writing as well as orally.

Applicant: Office of the Attorney Genral, The Palace, Valletta

In the Constitutional Court

His Honour the Chief Justice Joseph Azzopardi LLD

Hon. Mr Justice Giannino Caruana Demajo LLD

Hon. Mr Justice Noel Cuschieri, LLD

Writ of Summons Number 29/14

Tancred Tabone

vs

The Honourable Speaker et     

The Court,

Saw the application;

Orders that there be notified all the parties in the cause who shall have ten (10) working days to reply.

Sgd. Sharon Tonna Deputy Registrar

By means of a Notice of hearing of a cause issued by the Registry of the Superior Courts, on the 18th October, 2019, and whereas the procedures in writing in the cause before the Constitutional Court between Tancred Tabone vs the Honourable Speaker of the House of Representatives and the Chairperson of the Permanent Public Accounts Committee all in their capacity premised and in representation of the same Chamber of Deputies, the Court fixed the hearing of this cause on Monday, fourth (4) of November, 2019, at 10.00 a.m. and deferred to the 13th January, 2020, at 10.00 a.m.

Applicant: Attorney General, Office of the Attorney General, The Palace, Valletta

Notify Respondent: 78, Saltcoats, Triq Howard, Tas-Sliema

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on the 18th November, 2019,  on the application of J&C Properties Limited (C 29114), Tuesday, 28th January, 2020, at half past eleven in the morning (11.30 a.m.), has been fixed for the sale by auction to be held in room number 78, near the Court Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta of the following property.

Plots from number thirty-two (32) to forty (40), both included, and forty-five (45) to sixty-five (65), both included, forming part of a land known as 'Ta' Ġnien il-Lewż', in the district 'Tal-Magħtab', limits of Ħal Għargħur/Naxxar, measuring approximately one thousand, seven hundred and forty square yards (1,740 sqyd) equivalent to seven thousand, six hundred and forty square metres (7,640 sqm) including half of the width of the adjacent roads, bounded on the South by Victoria Lines, on the East and West by property of J&C Properties Limited, accessible from third party provisional gate accessible by a public path, free and unencumbered and valued at two hundred twenty-nine thousand and two hundred euro (€229,200).

The said tenement is the property of Terry Limited (C 4920) and after a decree dated 22nd February, 2019, Dr Benjamin Valenzia and LP Doreen Aquilina were nominated as deputy curators for the absent society.

N.B. The said tenement will be sold as described in the acts of judicial sales number 46/2018.

GAETANA AQUILINA

For the Registrar, Civil Courts and Tribunals

By a Decree of the 2nd December, 2019, given by the First Hall Civil Court, the Court ordered that the extract hereunder mentioned be published for the purpose of service according the Article 338 (1) of the Code of Organisation and Civil Procedure (Chapter 12).

That by application and a schedule of set-off filed contemporaneously by KNK Air conditioners Co. Limited on the 28th November, 2019, the approval of the said judicial acts is being demanded for the amount of €4000 following judicial sale by auction 8/19 in the names KNK Airconditioners Co Limited vs Dennis Kalatsov held under the authority of the said Court on the 27th November, 2019.

According to Article 338 (2) of Chapter 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 a decree given on the 9th October, 2014, by the Civil Court First Hall, the Court 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).

By decree given by the Civil Court, First Hall on the 1st October, 2019, on the application of Brian Cutajar noe, Monday, 13th January, 2020, at noon (12.00 p.m.), has been fixed for the sale by auction, to be held in room number 78, near the Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta of the following items, as decreed on 23rd October, 2013, seized from the property of Salvatore sive Salvu Cutajar (ID 375142M).

One hundred (100) ordinary shares within the company S.C. & Company Limited (C 6050).

N.B. The said objects will be sold as described in the acts of the judicial sale file number 32/11.

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals

By a Decree of the 2nd December, 2019, given by the First Hall Civil Court, the Court ordered that the extract hereunder mentioned be published for the purpose of service according 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 J. Zammit Limited (C 37945) on the 27th November, 2019, the approval of the said judicial acts is being demanded for the amount of €100 following judicial sale by auction 14/19 in the names J. Zammit Limited (C 37945) vs Manuel Gouder (ID 558588M) and Adelaide Gouder (ID 299770M) held under the authority of the said Court on the 30th October, 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 note filed in the Civil Court First Hall on the 3rd December, 2019, Doctor Katia Farrugia Cachia, Notary, brought forward the following document which was published by Notary Doctor Katia Farrugia Cachia on the 5th November, 2019, to be published in terms of Article 9 of Cap. 13 of the Laws of Malta.

By means of a contract abovementioned, Mark Anthony Cassar, soldier with the Armed Forces of Malta, son of the late Francis and Maria Concetta née Spiteri, born in New York, America, on the 30th December, 1974, and residing at number 21, Immergrun, Triq l-Imdawra, Żurrieq, holder of identity card number 116697M, and his wife Carmela sive Carmen Cassar, self-employed, daughter of Joseph D'Amato and the late Maria née Sacco, born in Tal-Pietà on the 7th July, 1975, and residing at number 21, Immergrun, Triq l-Imdawra, Żurrieq, holder of identity card number 327775M, emancipated for all intents and purposes of law their son Liam Cassar, student, bachelor, born on the 23rd September, 2002, and residing at number 21, Immergrun, Triq l-Imdawra, Żurrieq, holder of identity card number 340802L and authorised him to carry out all acts of trade for all intents and purposes of law, in terms of Article 9 and 10 of Cap. 13 of the Laws of Malta.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Court of Appeal on the 20th November, 2019, in the records of the Application in the names Kingsway Palace Company Limited vs The Planning Authority et, Application Number 22/2019 MCH, the following publication was ordered for the purpose of service of the company Positive Holdings Limited, in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Reply of Appeal and Incidental Appeal, of Kingsway Palace Company Limited, filed in the Court of Appeal, Application Number 22/2019, Appeal 390/17 MEPA, in the names Kingsway Palace Company Limited (C 437) vs The Planning Authority and the party called into the cause Janette Cini for Positive Holdings Limited (C 21248) decided 30.04.2019, the interpellant Kingsway Palace Company Limited respectfully pleaded:

That on the 20th May, 2019, Janette Cini, on behalf of the company Positive Holdings Limited, filed an application of Appeal following a decision given by the Environment and Planning Review Tribunal on the 30th April, 2019, that the interpellant was never notified with the said application of Appeal, but she is now accepting notification.

That the appellant company Positive Holdings Limited brought forward its appeal after it felt aggrieved from a decision of the Environment and Planning Review Tribunal which decided that it should first uphold the first grievance of the plaintiff company and declare null and without effect the decision of the Planning Commission of the 15th of September and consequently cancel the Development Permit PA 3945/18.

That the interpellant respondent is bringing forward this reply whilst availing herself of the principal application of Appeal to bring forward this Incidental Appeal to the first grievance.

That the facts that brought forward the present cause are the following:

That on the 28th April, 2017, the commercial partnership Positive Holdings Limited, through its director Janette Cini, filed an application for development of the type Full Development Permission with the Planning Authority for the change of use of the site merit of the development from class 4B to takeaway (no cooking on site) in the premises with address 54, previously 5, Kingsway Palace, Triq ir-Repubblika, Valletta.

… omissis …

That on the 30th April, 2019, the Tribunal ordered the revocation of the permit indicated further up in this application.

The First Grievance given by the appellant company: Decision of the Tribunal is null and without effect in so far as it refers to the cancellation of the permit number PA 3945/18, which is not in any way related with the interpellant's application which bears number PA 4667/17.

That the appellant company is basing its first grievance on the fact that in the last line of the last paragraph of the decision appealed the Tribunal is referring to the permit number 3945/18 in such a manner that it is demanding the nullity of the whole decision since in virtue of the decision the Tribunal is cancelling the permit number PA 3945/18 which has no connection absolutely with the interpellant's application which bears the number PA 4667/17.

… omissis …

The Second Grievance: Decision Ultre Vires

That the appellant is complaining that the Tribunal in one way or another entered into the interpretation of a contract of lease and thus based its decision on whether a 'contractual clause includes in it the consent or not for the application. That the appellant company continues to argue that in this case, the Tribunal entered into the matter and namely whether the clause for commercial purposes included or not the power that the interpellant apply for change of use de quo'.

… omissis …

The Third Grievance: The decision of the Tribunal is legally mistaken

That the appellant company emphasises the fact that the Tribunal dealt with a matter which was not raised by the interpellant. Once again this is absolutely not the case. What the Tribunal said in paragraph one cannot be taken in a vacuum. In fact an analysis of the decision given by the Tribunal shows that the same Tribunal:

1. Took cognisance of the correction of the application which had been made on the 12th July, 2017, which correcion was once again mistaken since the owner of the property never gave the applicant company the consent required by law.

2. Took cognisance of two defaults in the application form which are crucial as regard the validity or not of the application.

3. Noted also that there was a default in the declaration of the 12th July, 2017.

… omissis …

Incidental Appeal

That the interpellant respondent, by means of the present and without prejudice to the above, wishes to avail herself of the principal appeal of the appellant Positive Holdings Limited and is filing this incidental appeal from the decision of the Environment and Planning Review Tribunal.

… omissis …

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

1. That on the 30th April, 2019, this Honourable Tribunal after seeing all the records of the appeal cancelled the development permission which gave rise to such procedures.

… omissis …

3. That there is no doubt that the number indicated above or rather PA 3945/18, which has no connection with the present procedures, was thus indicated only erroneously and or/by mistake and this since the Tribunal during the procedures always treated and considered the application 4667/17 with the complete exclusion of the other application mentioned in the decide, PA 3945/18.

4. That the interpellant noted such mistake on the 13th June, 2019, and on that same day filed an application before the Environment and Planning Review Tribunal where it asked for the correction of the said mistake.

… omissis …

8. That without prejudice to Article 175(2) of Cap. 12 of the Laws of Malta gives this Honourable Court the faculty to 'order also corrections in the judgement of the Court of First Instance and other corrections that a Court at the Appeal stage considers to be justified in judiciual acts at any stage of the Appeal procedures till when the appeal is left for judgement at the request of one of the parties and after granting the parties the opportunity to be heard'.

9. That furthermore it is being humbly submitted that for the reasons abovementioned it is necessaary that there is a change in the number of the permit in order to be reflected in the relevant application even in order to uphold the principles of natural justice, especially that justice is not only done but appears to be done.

Thus and for these motives the interpellant, whilst making reference to the proof produced before the Environment and Planning Review Tribunal, reserves to bring further proof and permitted by law and for the reasons premised prays this Honourable Court:

1. To reject the principal appeal filed by the appellant Positive Holdings Limited.

2. Reforms the judgement appealed by confirming the same judgement except where it indicates that the permit number PA 3945/18, in such a manner that the number of the permit be changed to reflect the permit merit of this cause or rather PA 04667/17.

The Application in the names Kingsway Palace Company Limited vs the Planning Authority et, Application Number 22/2019 MCH, has been deferred for hearing to the 11th December, 2019, at 9.00 a.m.

Notify Company: Positive Holdings Limited, 38, Triq iż-Żejtun, Marsaxlokk

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on the 23rd October, 2019, on the application of HSBC Bank Malta plc (C 3177), Tuesday, 21st January, 2020, at half past eleven in the morning (11.30 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.

The flat internally numbered nine (9) on the fourth (4th) floor level above elevated ground floor, forming part of a block, number fifty-two (52) in Triq Sant'Agata, Tas-Sliema, situated on the left side including the right of perpetual usage of the common parts with the other flats in the same block, and therefore the main door, the hallway, stairs, landings, stairwell, shafts and drainage system, lift and lift shaft, as well as the right that the property owner installs and maintains the water tank, common television aerial/satellite dish on the roof of the said block and with the right that the property owner accedes to the said roof for the said reasons, which right exists in common with the other block owners, and valued at two hundred and thirty-five thousand euro (€235,000).

The garage internally marked number nine (9) in the basement level of the block, numbered fifty-two (52), in Triq Sant'Agata, Tas-Sliema, with access exclusively through a car lift and valued at thirty-five thousand euro (€35,000).

The properties abovementioned were built instead of properties numbered fifty-one (51), fifty-two (52), and fifty-three (53) in Triq Sant'Agata, Tas-Sliema, free and unencumbered, with all their rights and appurtenances, as described in the notary acts of Peter Fleri Soler dated twentieth (20th) March, two thousand and nine (2009), by which the property was acquired from Sea Pebbles Ltd society.

The said tenement is the property of Mattingly David Wayne (American passport number 210145923) and by decree dated 23rd April, 2019, Dr Benjamin Valenzia and LP Gerald Bonello 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 16/2019.

GAETANA AQUILINA

For the Registrar, Civil Courts and Tribunals

By means of a decree of  the 5th of  December, 2019, given on an application of  Mark Galea, filed on the 21st of November,  2019,  in the records of application number 2076/2019, wherein it was ordered the publication of the inventory of the estate of the late  Maria Dolores sive Doris Farrugia (ID 295530M), wife of Dr Jimmy Farrugia, daughter of the late  Lorenzo Tanti and Marianna nee Nicholas, born in Ħal Tarxien and died at Tal-Qroqq, Msida, Malta on the 31st of March, 2017, aged 86 years.

This publication is going to be held on Thursday, the 23rd of January, 2020, at half past five (5.30 p.m.)  at 127, Triq San Ġużepp, Paola under the ministry of Notary Dottor Tonio Cauchi.

CARMEN SCICLUNA

For the Registrar, Civil Court and Tribunals