Court Notices published in Govt. Gazette no. 20,351 of 21 February 2020

ARB/C003/2020 – FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 13th February, 2020, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry – (Magistrate Dr Neville Camilleri LLD). Compilation Number 58/2020 in the case:

The Police

(Inspector Frank Anthony Tabone)

Versus​

CLAYTON GALEA, self-employed, 31 years, son of the late Paul and Carmen née Agius, born in Tal-Pietà, Malta on the 13th January, 1989, residing at Blk C1, Flt 16, Triq Fonsu Marija Galea, Birkirkara and holder of Maltese Identity Card bearing number 44989M.   

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 CLAYTON GALEA and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property, and this according to Section 22A of the Dangerous Drugs Ordinance, Chapter 101 of the Laws of Malta and 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 which is thirteen thousand, nine hundred and seventy-six euro and twenty-four cents (€13,976.24) on an annual basis provided that every financial entity is ordered to present a note by which it informs the Court in which account or from which account these moneys are taken or the accused themselves may indicate to the Court from which account they are perceiving the moneys indicated.

Any person who acts in contravention of the court order mentioned in Section 22A 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 property made in contravention of the said Court order shall be null and without effect at law.

THE DIRECTOR, Asset Recovery Bureau

By a decree of the Court of Magistrates (Malta) of the 26th November, 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).

Elmo Insurance Limited (C 3500) of Triq Abate Rigord,Ta' Xbiex, filed a Claim on the 4th September, 2019, whereby they asked the Court to condemn Grezzju Abela (ID 496351M) of Lay Lay, Block 1, Entrance C, Flat 6, Triq l-Għassies, Marsaskala, to pay the plaintiff company the sum of  €7,481.89 which amount is due to the plaintiff company.

With costs and legal interests

The case (Notice Number 188/19CG) is put off to the 5th March, 2020, at 10.00 a.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 18th February, 2020, in the records of the judicial letter number 246/20 in the names Christopher Sammut vs Xwieki (Works) Ltd et, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent Robert Riolo in terms of Article 187(3) et sequitur of Chapter 12.

In the First Hall of the Civil Court

To

Xwieki (Works) Limited previously Bitmac (Works) Limited

Robert Riolo (ID 391966M) of 275, Legacy, Triq il-Waqqafa, Mosta

Matthew Muscat

By means of this present Chrisopher Sammut (ID 110471M) of Shalomville, Triq il-Wied, Iklin declares that he is the owner of a boat with the name Great White 360 (registration number 16713) of type Tecnomar TB 546 cruiser, which boat was deposited in a boatyard in Bitmac, in Triq Tal-Balal, San Ġwann, operated and managed by the respondents Xwieki (Works) Limited previously Bitmac (Works) Limited and Robert Riolo and this for the agreed payment between the parties.

That on the 1st February, 2018, an accident occured in the said boatyard where there were fires in some boats and such fires spread from one boat to another so much so that the boat of the interpellant was total destroyed.

That the respondents Xwieki (Works) Limited previously Bitmac (Works) Limited and Robert Riolo are responsable for the damages suffered by the interpellant and this because in the operation and management of the said boatyard, they seriously failed to take the necessary and opportune precautions to evaluate the risk of the storage of a large quantity of boats and to provide sufficient service according to art and trade both to prevent and also to control so  that if such accident occured, as it occured it will be controlled so that the damage on the boats will be minimised and/or avoided.

Apart from this, the storage of the boat of the applicant named Great White 360 (registration number 16713) in the said boatyard was against payment and therefore the obligations of the defendant as an entity accepting the deposit is higher at law.

That the respondent Matthew Muscat had the boat in the said boatyard and as it resulted from the inquiry done due to this accident, the fire started from his boat and so he is also responsible with the other respondents.

The damage caused in the interpellant's boat amounts to €130,000.

Thus, by means of this judicial letter, the interpellant solicits you so that within one week from the notification of this judical letter, you come forward to pay the sum of €130,000 together with other damages, including the costs of obtaining a copy of the acts of inquiry  regarding the accident in question, in the amount of €1845.20.  In default of doing that notified to you within the time above stipulated the interpellant shall proceed further against you according to law.

With costs of this present and with legal interest on the amount above mentioned.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Court of Appeal on the 28th January, 2020, in the records of the Application in the names Falzon Noel vs Dexter Bianco, Application Number 969/2011, the following publication was ordered for the purpose of service of the principal appellant Dexter Bianco, in terms of Article 187(3) et sequitur of Cap. 12.

Whereas the written procedures in the cause before the Court of Appeal between Noel Falzon vs Dexter Bianco have been closed, the Court fixed the hearing of this cause on Tuesday, seventh (7) of January, 2020, at 9.30 a.m., and put off to the 10th March, 2020, at 9.00 a.m.

Notice according to Article 209 and 249 of the Code of Organisation and Civil Procedure for the costs of the cause, otherwise you will forfeit the right to be heard by the Court of Appeal:

You are required to make a guarantee for the costs of your cause in the amount of Reg. €100.00 + Av. and P.L €1,437.39 = €1,537.39 in the Judicial Sales Section, Courts of Justice, Valletta not later than two days before the hearing of your appeal. If you do not do this you will forfeit the right of hearing of the appeal before the Honourable Court of Appeal and your cause will be deserted.

The guarantee for the costs of the cause can be made by depositing the money in the Judicial Sales Section of the Courts of Justice, Valletta, in the amount above mentioned or by presenting a bank guarantee according to the prescribed form.

The Government of Malta, public corporations, the Central Bank of Malta and the banks who have a licence issued according to the Act regulating Banking transactions are exempt from making this guarantee.

Take note to contact your lawyer immediately.

Notify: Bianco Dexter, Site Plan, Plan C, Fl. 1, Triq is-Sajjied, San Pawl il-Baħar

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court (Family Section) on the 16th January, 2020, in the records of the Sworn Application in the names Cutajar Denise vs Cutajar Norbert, Application Number 251/2019 AL, the following publication was ordered for the purpose of service of the defendant Norbert Cutajar, in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application filed in the Civil Court (Family Section) in the names Denise Cutajar (ID 266476M) vs Norbert Cutajar (ID 446779M) on the 31st May, 2019, the applicant Denise Cutajar (ID 266476M) asked this Honourable Court:

1. Saving any declaration which may be necessary declare and order that the marriage contracted between the parties on the 29th June, 2002, be declared dissolved in terms of Article 66A and the subsequent Articles of the Civil Code.

With costs against the defendant summoned so that a reference to his evidence be made.

The Sworn Application in the names Cutajar Denise vs Cutajar Norbert, Application Number 251/2019 AL, has been put off for hearing to Thursday, 12th March, 2020, at 9.15 a.m.

Applicant: Flat 1, Muscat House, Triq il-Baċir, Msida

Defendant: 10, Triq Sant'Andrija, Ħal Luqa

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court First Hall on 16th January, 2020, on the application of Simonds Farsons Cisk (C 113), Thursday, 23rd April, 2020, at eleven in the morning (11.00 a.m.), has been fixed for the sale by auction to be held in room number 78, near the Archive, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta of the following property.

The villa named “The Perry's" and numbered one hundred and forty-eight (148) in Triq Antonio Schembri, Kappara, limits of San Ġwann, subject to temporary ground rent for the amount of one hundred and twenty-five euro (€125) per annum for the remaining period of one hundred and fifty (150) years commencing from the first January of the year one thousand nine hundred and sixty-seven (01.01.1967) valued at one million and one hundred and seventy thousand euro (€1,170,000).

The said tenement is the property of Keith Perry (ID12072M) and Sylvia Perry (ID 81681M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 30/2019.

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on the 18th February, 2020, on the application of HSBC Bank Malta plc (C 3177) and at the request of J&C Properties Limited (C 29114), Thursday, 12th March, 2020, at eleven in the morning (11.00 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 sq.yd) 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.

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court (Family Section) on the 21st January, 2020, in the records of the Application in the names Mizzi Gilbert vs Mizzi Caroline, Application Number 179/2019 AGV, the following publication was ordered for the purpose of service of the respondent Caroline Mizzi, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application filed in the Civil Court (Family Section) in the names Gilbert Mizzi (ID 134375M) vs Caroline Mizzi (ID 189175M) on the 23rd April, 2019, the applicant Gilbert Mizzi (ID 134375M) asked this Honourable Court:

1. To declare that the marriage between him and the respondent is dissolved and thus pronounce the divorce between them and uphold the other demands in the application.

The Sworn Applicaction in the names Mizzi Gilbert vs Mizzi Caroline, Application Number 179/2019 AGV, has been put off for hearing to Wednesday, 4th March, 2020, at 9.00 a.m.

Applicant: Soleil Court, Flat 1A, Triq il-Barjola, Gudja

Respondent: 106, Oleanders Flat 2, Triq San Martin, Żurrieq

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court (Family Section) on the 30th January, 2020, in the records of the Sworn Application in the names Sammut Olivia noe vs Dimech Ludwig et, Application Number 197/2019 AGV, the following publication was ordered for the purpose of service of the defendant Ludwig Dimech, in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application filed in the Civil Court (Family Section) in the names Olivia Sammut in the name and in representation of her minor daughter … omissis … vs Ludwig Dimech and the Director Public Registry, on the 16th August, 2019, the applicant Olivia Sammut (ID 513383M) in her name and in representation of her minor daughter … omissis … premised and asked this Honourable Court:

1. That … omissis … was born on the 11th August of the year 2003, daughter of Olivia Sammut and and a father indicacted as not known.

2. That the applicant thus prays this Honourable Court to decide and declare that the defendant is the natural father of … omissis … and uphold the other demands in the application, amongst which that … omissis … takes the surname of the defendant and after that adds her mother's surname.

With costs against the defendant from now summoned so that a reference to his oath be made and saving any right of action due to the applicant.

The Sworn Application in the names Sammut Olivia noe vs Dimech Ludwig et, Application Number 197/2019 AGV, has been put off for hearing to Friday, 28th February, 2020, at 9.00 a.m.

Defendant: Honeysuckle, Triq Ġdida ġewwa Triq l-Indipendenza, Ħaż-Żebbuġ, Malta

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court (Family Section) on the 23rd January, 2020, by the Court herein mentioned (AL), in the records of the Sworn Application in the names Fiorini Mary Rose vs Fiorini John, Application Number 511/19 AL, the following publication was ordered for the purpose of the defendant John Fiorini, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application filed in the Civil Court (Family Section) in the names Mary Rose Fiorini (ID 42347G) vs John Fiorini (ID 52141G) on the 7th November, 2019, the applicant Mary Rose Fiorini (ID 42347G) asked this Honourable Court:

1. To order that the marriage contracted between the parties on 10th October, 1975, be dissolved and uphold the other demands in the application.

The Sworn Application in the names Fiorini Mary Rose vs Fiorini John, Application Number 511/19 AL, has been put off for hearing to Thursday, 5th March, 2020, at 9.15 a.m.

Applicant: 16, Redentur, Triq ix-Xgħajra, Ħaż-Żabbar

Respondent: 2, Flat 1, Triq il-Kurċifiss, Senglea

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall, on 30th January, 2020, on the application of Mirage Holdings Limited (C 6808), Wednesday, 22nd April, 2020, at half past eleven in the morning (11.30 a.m.) has been fixed for the sale by auction to be held at number seventeen (17), Triq id-Dejqa, Valletta of the following items seized from the property of Raymond Brincau.

Microwave of the make Whirlpool black in colour, fireplace, LCD of the make Q Bell, gas heater of the make Wintermate, washing machine of the make Vexa, wardrobe white in colour with three doors and chest of drawers with four drawers white in colour.

N.B. The said objects will be sold as described in the acts of judicial sale number 4/2020.

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall, on 30th January, 2020, on the application of Mirage Holdings Limited (C 6808), Wednesday, 22nd April, 2020, at half past ten in the morning (10.30 a.m.), has been fixed for the sale by auction to be held at number seventeen (17), Triq id-Dejqa, Valletta of the following items seized from the property of Jason Bugeja.

Chest of drawers with six drawers brown in colour, wardrobe brown in colour with six doors, dressing table brown in colour, fan of the make Grec, 2 LCD of the make LC and microwave oven of the make Sanyo.

N.B. The said objects will be sold as described in the acts of judicial sale number 3/2020.

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals