Court Notices published in Govt. Gazette No. 20,318 of 20 December 2019

ARB/C026/2019 – VARIATION OF A FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 16th December, 2019, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry – (Magistrate Dr Doreen Clarke LLD). Compilation Number 236/2019 in the case: 

The Police

(Inspector Frank Anthony Tabone)

Versus

LEO GALEA, driver, 41 years, son of Joseph and Maria Dolores née Agius, born in Tal-Pietà, Malta on the 4th May, 1978, residing at 73, Bellview Fl. 2, Triq is-Sgħajtar, Mosta, and holder of Maltese Identity Card bearing number 228778M.   

The Court AUTHORISED HSBC Bank Malta plc to accept the payment of the home loan by the accused LEO GALEA within the bank account stated as per application submitted to Court dated 3rd May, 2019; and that the salary received by the accused LEO GALEA is limited to the annual amount authorised by law which is thirteen thousand, nine hundred and seventy-six euro and twenty-four cents (€13,976.24).

This variation is being published in terms of Section 22A of the Dangerous Drugs Ordinance, Chapter 101 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 Natasha Galea LLD) on the 12th April, 2019, which was published in the Government Gazette on the 13th April, 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 LEO GALEA.

THE DIRECTOR, ASSET RECOVERY BUREAU

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

Whereas Anthony Calleja filed a writ of summons no. 96/2019 (BS) in the names "Anthony Calleja vs Direttur tar-Reġistru Pubbliku" demanding corrections in the Act of Death of Salvu Vella with progressive number eighty nine of the year one thousand nine hundred and seventy-eight (89/1978).

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 (15) 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 writ of summons, of the day which will be appointed for the hearing of the case.

MAUREEN XUEREB

For the Registrar, Gozo Courts and Tribunals

By decree given by the Civil Court, First Hall on the 11th December, 2019, on the application of J. Zammit Limited (C 37945), Wednesday, 22nd January, 2020, at eleven in the morning (11.00 a.m.) has been fixed for the sale by auction to be held in garage number three (3), St James Court, Triq is-Sienja, Ħ'Attard of the following items seized from the property of Callaway Andrew John (ID 146467A) and Callaway Claire (passaport no. 210534668).

Vehicle of the type Peugeot 207 silver in colour with Chassis Number VF3WEKFVC34345972.

N.B. The said vehicle will be sold as described in the acts of judicial sale number 16/2019.

GAETANA AQUILINA

For the Registrar, Civil Courts and Tribunals

Republic of Malta

To the Executive Officer (Courts of Magistrates) Gozo

It is hereby notified that by a decree dated 17th December, 2019, the Court of Magistrates (Gozo) Superior Jurisdiction, General Section, ordered the publication of the extract reproduced hereunder for the purpose of service in terms of sections 187(3) and 931(3) of the Code of Organisation and Civil Procedure.

Whereas by a decree dated the 17th December, 2019, in the records of the schedule of deposit and redemption of ground rent number 358/2019 by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section upon an application filed by Priscilla Hili, without occupation, identity card number 312778M; Giacinta Hili, a housewife, identity card number 36850G; Monique Cutajar, a dentist, identity card number 40184G; Christine Portelli, a teacher, identity card number 44089G; Stephanie Portelli, a pharmacist, identity card number 7991G; Mary Micallef, retired, identity card number 35641G; Anne known as Anne Margaret Attard, hairdresser, identity card number 9259G; Maria known as Mariella Abela, a pharmacist, holder of identity card number 12561M; Carmelina Mizzi, a housewife, identity card number 577063M; Josephine known as Josette Rapa, a medical doctor, holder of identity card number 229767M; Joseph Hili, a company director, holder of identity card number 41760G, and Rita Sultana, a housewife, identity card number 49159G, versus a deputy curator nominated to represent the interests of the unknown direct owners hereunder in this schedule of deposit and redemption of ground rent, filed on the 11th December, 2019, in the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, as well as the other related and subsequent acts. The applicants respectfully submit:

That they owe a property consisting of a house bearing numbers thirty-seven and thirty-eight (37, 38) in Triq Tas-Sajd, Nadur, Gozo, including land adjoined thereto; with its airspace and sub-soil, with all of its rights and appurtenances; as identified on the site-plan attached herewith as document "A";

Whereas in terms of the deed of partition entered into in the records of Notary Giuseppe Cauchi of the eighteenth (18th) November of the year nineteen forty-nine (1949), the said property is subject to an annual and perpetual ground rent of seven shillings and five pence, equivalent to thirty-seven Maltese cents (0.37c); that is to say equivalent to eighty-six euro cents (€0.86), and consequently amounting to seventeen euro and twenty cents (€17.20) when the said ground rent is capitalised at the rate of five per cent (5%) in terms of law;

Whereas applicants wish to redeem the said ground-rent for all effects and purposes of Law;

Whereas for the avoidance of doubt and dispute applicants are hereby also depositing the sum of four euro and thirty cents (€4.30) representing ground rent due in arrears for the past five (5) years;

Whereas applicants have failed to identify the third parties entitled to receive the said redemption.

Now, therefore and in view of the aforesaid, and to free themselves of any and all responsibility in terms of law, applicants are hereby redeeming the said ground rent, each in its respective share in the property, and are consequently depositing before this Honourable Court the sum of twenty-one euro and fifty cents (€21.50) representing redemption of ground rent and ground rent due in arrears as aforesaid, which amount may be freely withdrawn by whoever has such right after whom tenders due receipt in full and final settlement.

Applicant: Priscilla Hili, 37, Triq Ta' Said, Nadur, Gozo

Additional Notifications:

Director Public Registry, Triq ta' Wara s-Sur, Victoria, Gozo (two copies)

Land Registry, Triq ta' Wara s-Sur, Victoria, Gozo

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 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.

Issued by the aforementioned Court of Magistrates (Gozo) Superior Jurisdiction, General Section under the signature of Magistrate Dr Brigitte Sultana LLD, LLM (Cardiff), Adv. Trib. Eccl. Melit., a Magistrate of the said Court.

DIANE FARRUGIA

For the Registrar, Gozo Courts and Tribunals

By decree given by the Civil Court, First Hall on the 17th December, 2019, on the application of S and L Import Export Limited (C 6774), Wednesday 12th February, 2020, at half past eleven in the morning (11.30 a.m.) has been fixed for the sale by auction to be held at 58, Triq is-Sajjied, Buġibba, San Pawl il-Baħar of the following items seized from the property of Mambra Electronics Limited (C 18626).

Various items including kitchen appliances and other household use appliances, batteries, Go Mobile SIM Cards, televisions, cameras and other items listed and marked 'A' in file.

N.B. The said items will be sold as described in the acts of judicial sale with the number 2/2019.

GAETANA AQUILINA

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on the 17th December, 2019, on the application of S and L Import Export Limited (C 6774), Wednesday, 12th  February, 2020, at half past ten in the morning (10.30 a.m.) has been fixed for the sale by auction to be held at 59, Level -1, Triq il-Wilġa, Ħal Luqa of the following items seized from the property of Mambra Electronics Limited (C 18626).

Various items including chairs, kitchen appliances parts, various spare parts, furniture and officeware, Christmas decorations, television, and other items as listed and marked 'DA' in file.

N.B  The said items will be sold as described in the acts of judicial sale with the number 2/2019.

GAETANA AQUILINA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 5th December, 2019, in the records of the judicial letter number 3642/19 in the names Advocate Doctor John Refalo noe vs Malta Capital Management Limited et, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondents Petri Markus Tuokko and Anthony O'Driscoll in terms of Article 187(3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To

Malta Capital Management Limited

Scott Levy

David George Butler

Petri Markus Tuokko (ID 45188A) of 95, Triq l-Annunzjata, Tas-Sliema

Anthony O'Driscoll (Irish passport PT 4805421) of 36, Triq Depiro, Tas-Sliema

Mario Praschi

Joseph Grioli

Steven Tedesco

By means of this present Advocate Dr John Refalo (ID 113874M) of 61, Triq San Pawl, Valletta as special attorney of Peter Barry Salter, bearer of British passport number 538512544, refers you to your past/present roles as the Manager of MCM Global Opportunities Fund SICAV plc (SV277) and/or as officials and/or directors of the same company which was acting as the Manager as aforesaid. The said company MCM Global Opportunities Fund SICAV plc today appears to be insolvent and no longer operating.

Whereas the sender is the beneficiary of a substantial sum which was invested in the same company MCM Global Opportunities Fund SICAV plc and which investment has become worthless or has failed because of acts and omissions on your part, both direct and/or indirect, in a negligent and/or fraudulent manner, as well as lack of expertise and/or non-observance of the applicable laws and regulations and the violation of your obligations, including your fiduciary obligations. Whereas consequent to your acts and omissions as above described, the sender has suffered patrimonial damages and will continue to suffer ulterior damages, for which you, or whoever of you, are responsible.

Therefore, while the sender is formally placing all the respondents in mora, culpa et dolo for all effects and purposes of the law, he is hereby holding you responsible for all the damages suffered and which may be suffered as a consequence of your acts as above described and is presently calling upon you to appear within one month from today for the liquidation of damages suffered by the sender and the payments of the same. The sender is hereby reserving all his rights at law, and is reserving his right to proceed against you according to law, including by issuing the opportune warrants as the case may be, without any further warning.

With interest according to law and with costs

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Court of Appeal on the 6th March, 2018, in the records of the Application in the names Carmelo Tarcisius Joseph Valentinus sive Charles Pullicino vs Rose Vassallo et, Application Number 1057/13 SM, the following publication was ordered for the purpose of service of the respondent Toni Pullicino, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application filed in the Court of Appeal, Application Number 1057/2013 SM, in the names Carmelo Tarcisius Joseph Valentinus sive Charles Pullicino (ID 618664) vs Rose Vassallo, Toni Pullicino, Doris Borg and Jane Pullicino, Joseph Pullicino, Nancy Carlson as heir togeher with the applicants of the deceased Maria Carmela sive Carmen Pullicino widow from her husband Paul Pullicino, Rose Mary Vassallo (ID 28847M) for any interest she may have, Jacqueline Borg née Magro (ID 41667M) on the 3rd April, 2017, the applicant Carmelo Tarcisius Joseph Valentinus sive Charles Pullicino (ID 618664) respectfully pleaded:

Facts

1. That the interpellant's mother was only sixteen years old when she was pregnant with the interpellant and this in 1963 when this situation was not so much accepted. It was thus why her mother sent her out of home and thus together with the natural father of the interpellant, Joseph Magro, they went to England.

2. That subsequently the natural parents of the interpellant came to live in Malta and the interpellant's mother and the interpellant went to live with her mother and father, Carmela and Paul Pullicino, who are the grandmother and grandfather of the interpellant.

3. Then by means of a Decree given on the 7th May, 1981, the interpellant without knowing and without his consent was adopted by Paul Pullicino and his wife Carmen Pullicino née Falzon and namely the parents of his natural mother Rose Pullicino married Vassallo.

4. That all this was done without the consent of the interpellant's mother and without the consent of the interpellant's father and without the consent of the interpellant himself who was seventeen years old when he was adopted.

5. That some time ago, about ten years, the interpellant came to know that his sister was in fact his mother and that the people he called his parents were in fact his grandparents.

6. That the interpellant felt aggrieved with the situation and felt that he had to file this cause so that the situation be remedied.

Judgement of the First Hall

7. That the Court of First Instance gave its judgement on the14th March, 2017, where it upheld all the replies of the respondent Director and thus rebutted all the applicant's claims.

… omissis …

The First Grievance

The Court of First Instance did not consider that the interpellant is the only person who could give his consent for his adoption because he was seventeen years old, but this consent was absolutely missing.

9. That the interpellant points out that although the Court of First Instance considered the lack of hearing of the natural father of the interpellant and considered also the lack of consent of the natural mother of the interpellant failed also to consider in detail and as the most essential element the lack of consent of the interpellant himself.

… omissis …

14. That thus the adoption of the interpellant, irrespective of whether it was made with the consent of the mother or the natural father of the interpellant, was made without his consent when such consent was an essential element so that the adoption be made.

The Second Grievance

The Court of First Instance was mistaken when it assumed that the interpellant's father should not be heard.

16. That in the first place the interpellant draws the attention of this Honourable Court to the fact that contrary to that declared by the Court of First Instance … omissis … his natural father had to be heard before the decree of adoption is given.

… omissis …

20. That thus one of the essential elements necessary in order that the Decree of Adoption be given is that the natural father is heard according to Article 115(4) of Cap 16, is heard as it was in force in 1981.

The Third Grievance

21. That the Civil Code itself makes it clear what is to be considered as consent for the purpose of adoption and this under Article 118 of the same.

17. That thus the presumption of the Court of First Instance that the interpellan's mother had given her consent for the adoption of her son by living for a long time with the interpellant and her parents without telling her son that in fact he was her son is not correct since the law itself gives an indication of what should be considered as the proof of consent on the part of the mother or father who dot not appear in the adoption procedures.

… omissis …

19. That is why in the note of submissions it was stated in the First Instance that it appears that this adoption was made without the consent of the person who was going to be adopted altough he was sventeen years old and also without the consent of the mother and natural father.

20. That thus it appears that the Court of First Instance based itself on a presumption of consent instead of applying Article 118 of Cap. 16 of the Laws of Malta in order to establish that there was the consent of the natural mother of the interpellant.

The Fourth Grievance

The Court of First Instance considered that Article 119 of the Civil Code was applied without considering the contrary proof.

21. That in the light of all this and with the utmost respect, the interpellant cannot understand how the Court of First Instance considered that the interpellant had given his consent solely on the basis of Adrticle 119, which Article provides:

… omissis …

22. That there was the obligation on the Court to ensure that the interpellant understood the nature of the decree which was going to be given and understood also the effects of the same decree are not in contestation, however the Court cannot, faced with the reality that under oath both the mother and the interpellant are saying that they did no know about the adoption up to some time ago, accept the presumption that such obligation was followed.

… omissis …

Conclusion

24. That the interpellant thus feels that he is to draw the attention of the Court to the fact that whether or not there was the need according to law of the consent of the mother or natural father, one cannot but note that in the case of the interpellant an adoption was allowed to take place without the consent of the mother, of the father and even of the person adopted who was seventeen years old, that this is a very akward situation that can create a worrying precedent.

26. That finally it is stated that the consent which was necessary to be given in the case in question was that of the interpellant, which consent was certainly missing.

… omissis …

Thus for the reasons above exposed, the interpellant whilst making reference to the proof produced and reserves to bring all the proof allowed to him by law at this stage, humbly pray this Honourable Court to cancel the decision of the Court of First Instance of the 14th March, 2017, in the names premised and instead uphold all the interpellant's demands as brought forward in the original application and under any provision it deems fit and opportune.

With costs of both instances against the respondents

Respondent: Toni Pullicino, 48, Flat 2, Triq San Franġisk, Birżebbuġa

Reġistry of the Superior Courts (Appeals) today 17th December, 2019

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Court of Appeal, in the records of the Application in the names Vladyslsava Kravchenko et vs Kevin Micallef et, Application Number 409/18, the following publication was ordered for the purpose of service of the respondent Stephen Balzan, as liqiuidator and in representation of the company Sonlit Limited (C 15135) in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application filed in the Court of Appeal, Appeal Number 966/2009, Following the Precautionary Garnishee Order Number 1908/18, issued by Honourable First Hall Civil Court on the 26th November, 2018, in the names Vladyslava Kravchenko (passport number PO 153323) and her mother Tetyana Gordiyenko (26415A) vs Kevin Micallef (ID 481868M) Alan Bugeja (ID 224980M) Local Council Saint Paul's Bay, Maurice Attard (ID 479064M) and Stephen Balzan (ID 136975M) as liquidator and in representation of the company Sonlit Limited (C 15135) on the 4th December, 2018, the applicant Local Council Saint Paul's Bay, respectfully pleaded:

That this is an application for the revocation of a precautionary garnishee order in terms of Art 836 of Cap 12.

That the interpellant Local Council was notified with the warrant in the names above premised which warrant was issued in order to secure the sum of €463,465.57 which sum was liquidated by way of damages in the judgement of the Honourable First Hall Civil Court of the 12th December, 2017, in the names above premised.

… omissis …

That the interpellant Local council submits that there exist the elements required by law so that the warrant in the names above premised be revoked and this in terms of the provisions of Art. 836(1) (a) and (f) of Cap. 12.

That the interpellant in the first place submits that this application for the revocation of the warrant is being presented before this Honourable Court of Appeal, because the credit which is being secured with the warrant that is being attacked forms the merit of the cause pending before this Honourable Court.

That so much being premised the interpellant shall pass to make his submissions as required by Art. 836(2) of Cap. 12 as stated:

Regarding the fact that the precautionary warrant was issued by a Court which was not competent and thus is no longer in force.

That it is a fundamental principle of law that accessoriumn non ducit seq sequitur suum pricipale and the precautionary warrants are a perfect example of an accessory to a judicial action, the law by means of Art. 829 of Cap. 12 provides thus regarding the effect of precautionary acts:

… omissis …

That in the present cause there is no defintive decision but there is a judgement given by the Court of First Instance. Once an Appeal has been filed from this judgement, this dispute falls under the jurisdiction of this Honourable Court and thus any request for the issuing of the precautionary warrant had to be made to this Honourable Court.

… omissis …

That jurisprudence teaches us that in procedures similar to the present ones under Art. 836 of Cap. 12, the examination that the Court has to make is prima facie.

That it is reasonable to state that so that this Honourable Court decides this request on the basis of prima facie, what it has to consider primarily is if the interpellant Local Council is trustworthy enough in order to pay in case of eventual condemnation.

That the interpellant is a body of public administration set up by a special law or rather the Local Councils Act (Cap. 363) and in the terms of the Constitution is acknowledged as 'local government'.

… omissis …

That in this context it is clear that the interpellant's circumstances are such that they do not give rise to any reasonable doubt and the liquidity of the interpellant local council regarding its financial ability to pay the applicant's demands in case of eventual condemnation.

… omissis …

Thus in view of the above the interpellant company respectfully prays this Honourable Court:

1. In view of the nature of the case give the opportune provisions by urgency and order the shortening of the terms of Art. 107 of Cap. 12;

2. By application of the provisions of Art. 836(1) (a) and/or (f) of Cap. 12, revoke and cancel the precautionary garnishee order number 1908/18, in the names mentioned in the application, limitedly in so far as they affect the interpellant Local Council;

and uphold the other demands in the application amongst which the application against the execution creditors the penalties contemplated in Art 836 (8) of Cap. 12,

and this under those provisions that this Honourable Court deems fit and opportune.

With costs

Interpellant: Local Council Saint Paul's Bay, Triq San Pawl, Saint Paul's Bay

Notify: Stephen Balzan, as liquidator and in representation of the company Sonlit Limited (C 15135), Vaults 13-16, Valletta Waterfront, Floriana

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals