Court Notices published in Govt. Gazette no 20,435 of 7 July 2020

By decree given by the Civil Court, First Hall on the 2nd July, 2020, on the application of Bank of Valletta plc (C 2833), Thursday, 17th September, 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 nearby the Court Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

Unnumbered garage named 'Elia' in Cannon Road, Ħal Qormi, other times referred to as Santa Venera. The said garage is bounded on East by Cannon Road, North by property of Emanuel Galea and on the south by property of Carmelo Dingli or his successors in title and subject to annual and sub perpetual ground rent of forty one euro and five cents (€41.05) payable directly to the subdirectors, payable annually in advance, free and unencumbered with all its right and appurtenances, tale quale and with vacant possession valued at two hundred and thirty five thousand euro (€235,000).

The said tenement is the property of Merger Enterprises Limited (C 7066).

N.B. The said tenement will be sold as described in the acts of judicial sales number 32/2016.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on the 2nd July, 2020, on the application of Debattista Grace (ID 902551M) et, Tuesday, 1st September, 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, nearby the Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

Tenament numbered eighty-four (84), with access from alley numbered two (2), in Triq San Ġużepp, Ħaż-Żabbar, with superficial airspace of approximately three hundred and seventy square metres (370m²) and at the back side is accessible from alley in Triq Lajri, free and unencumbered and is valued at two hundred and ninety thousand euro (€290,000)

Tenament number eighty four letter A (84A), with access from alley number two (2), in Triq San Ġużepp, Ħaż-Żabbar, free and unencumbered, and valued at one hundred and seventy thousand euro (€170,000)

Ground floor tenament numbered eighty-four letter C (84C), with access from alley number two (2) in Triq San Ġużepp, Ħaż-Żabbar, free and uncumbered and valued at one hundred and seventy thousand euro (€170,000)

The tenament Spiridione Garage in Triq Salvu Astarita, Ħaż-Żabbar, with approximate sixty metres (60m) in depth and six metres (6m) in width with a backyard and aggravated with annual and perpetual ground rent of two euro and thirty three cents (€2.33) per year and is valued at two hundred and sixty thousand euro (€260,000)

The said tenement is the property of Grace Debattista (ID 902551M), Lorenza Bartolo (ID 135953M), Tereza Frendo (ID 489650M), Maria Lia (ID 87349M), Spiridione Lia (ID 43875M), Kevin Lia (ID 340276M), Mariella Lia (ID 622381M), Simon Lia (ID 419577M) and Mary Grace Farrugia (ID 328079M) as per share indicated in the judgement given by Hon. Judge Anna Felice on the 04th April, 2016, in the names Grace Debattista et vs Maria Lia et in application number 312/2004.

N.B. The said tenement will be sold as described in the acts of judicial sales number 11/2018.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 9th June, 2020, of the Civil Court First Hall, in the records of judicial letter number 570/2020, in the names Rita Grech et vs Gregorio Piazza, the following publication was ordered for the purpose of effecting service on the respondent Gregorio Piazza in terms of Article 187(3) of Cap. 12.

In the First Hall of the Civil Court

To Gregorio Piazza, 8, Sqaq Karla in Triq Santu Rokku, Birkirkara

By the present Rita Grech (ID 354131M), Josephine Mifsud (ID 605653M), Doris Aquilina (ID 807557M), Monica Fenech (ID 82862M) and Francis Grech (UK passport number 034741571), as owners of the premises numbered 6 in Sqaq Karla, in Triq Santu Rokku, Birkirkara, solicits you so that within two days you close the window which you or your predecessors opened in your property and which overlooks the garden of the interpellants and this without the authorisation of the interpellants.

If you fail to comply within the stipulated time frame, further legal proceedings will be taken against you.

So much for your own guidance

With costs

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 27th August, 2019, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 1632/2016 in the names Automated Revenue Management Services Ltd pro et noe vs Gijs Bert Coppoolse, the following publication was ordered for the purpose of effecting service on the respondent Gijs Bert Coppoolse in terms of Article 187(3) et sequitur of Cap. 12.

In the Court of Magistrates (Malta)

To Gijs Bert Coppoolse (ID 59250A) of 6271 Apts/Flat 7, Triq Giovnni Papaffy, Birkirkara BKR 4021

By the present, Automated Revenue Management Services Limited (C 46054) of Gattard House, Triq Nazzjonali, Blata l-Bajda, Malta, in its own name and on behalf of Enemalta plc and Water Services Corporation, notifies you with the attached sworn declaration marked as Document A for all the purposes and effects of Article 466 of Cap. 12 of the Laws of Malta and solicits you to pay the amount of €4,244.28, which amount is sure, liquid and due and representing the balance due for the consumption of water and electricity, rent of water and electricity meter, administrative fees, connection and disconnection fees, and/or any other payment according to the electricity supply regulations or water supply regulations together with interest due on the amount according to law regarding bill number 411000054211 regarding the premises with address 6, Triq l-Ajkla, Valletta, which amount is that of €4,244.28.

Despite several solicitations by the applicant company for the payment of the amount due, you remained in default and did not pay till the day of the filing of this judicial letter. In addition, there is no valid reason for your failure to pay and you never contested the amount due.

This act is being sent to you for all the purposes and effects of law and in default of payment or opposition on your part within the time mentioned in Article 466 Cap. 12 of the Laws of Malta, the applicant company shall proceed to enforce this credit according to law.

With costs

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 16th June, 2020, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 365/2020 in the names No Deposit Cars Malta Limited vs Bruno Nucera, the following publication was ordered for the purpose of effecting service on the respondent Bruno Nucera in terms of Article 187(3) et sequitur of Cap. 12.

In the Court of Magistrates (Malta)

To Bruno Nucera (ID 0213046A) of Chequers Court, Flat 3, Triq Lorenzo Gatt, Birkirkara

By the present, No Deposit Cars Malta Limited (C 85780) of Sharay, Triq il-Fraxxnu, San Ġiljan (hereinafter referred to as the company) is hereby executing and enforcing the following bills of exchange, which bills of exchange are of the total amount of €1,840 (a copy of which bills of exchange is being herein attached and marked as Doc. 1) which bills of exchange have been signed by virtue of the Hire and Purchase agreement dated 14th June, 2019, between the parties (a copy of which is being herein attached and marked as Doc. 2) and are as follows:

1. Bill of exchange number 2 in the amount of €230.00 issued by defendant in favour of the company, which bill of exchange was due on the 14th July, 2019, and which sum has to date not been paid;

2. Bill of exchange number 3 in the amount of €230.00 issued by defendant in favour of the company, which bill of exchange was due on the 14th August, 2019, and which sum has to date not been paid;

3. Bill of exchange number 4 in the amount of €230.00 issued by defendant in favour of the company, which bill of exchange was due on the 14th September, 2019, and which sum has to date not been paid;

4. Bill of exchange number 5 in the amount of €230.00 issued by defendant in favour of the company, which bill of exchange was due on the 14th October, 2019, and which sum has to date not been paid;

5. Bill of exchange number 6 in the amount of €230.00 issued by defendant in favour of the company, which bill of exchange was due on the 14th November, 2019, and which sum has to date not been paid;

6. Bill of exchange number 7 in the amount of €230.00 issued by defendant in favour of the company, which bill of exchange was due on the 14th December, 2019, and which sum has to date not been paid;

7. Bill of exchange number 8 in the amount of €230.00 issued by defendant in favour of the company, which bill of exchange was due on the 14th January, 2020, and which sum has to date not been paid;

8. Bill of exchange number 9 in the amount of €230.00 issued by defendant in favour of the company, which bill of exchange was due on the 14th February, 2020, and which sum has to date not been paid;

This judicial letter is being notified to you in accordance with Article 253(e) of Cap. 12 of the Laws of Malta and if you do not oppose the execution of the above bills of exchange within twenty (20) days from notification of the judicial letter by means of an application filed in the acts of the present judicial act, this judicial letter shall be rendered an executive title against you and therefore the credit being claimed by the Company shall become immediately executable.

Notwithstanding that you have been requested to pay the above bills of exchange you have nonetheless remained in default and therefore the Company had to resort to filing this judicial letter against you.

In default the Company shall be proceeding in terms of law without further notice in order to enforce its executive title.

With expenses and legal interest from the expiration of the bills of exchange until effective date of payment.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 12th February, 2019, following a request by Mark Anthony Bonello et it was ordered that deputy curators be chosen to represent the unknown owners in the acts of the schedule of deposit number 273/2019 in the names Mark Anthony Bonello et vs Deputy Curators and in the other relative and subsequent acts.

By means of a schedule of deposit filed in the First Hall of the Civil Court, in the names Mark Anthony Bonello (ID 273174M) and Elaine Bonello (ID 389275M) vs Deputy Curators to represent the interests of the unknown owners, filed on the 8th February 2019 the applicants Mark Anthony Bonello (ID 273174M) and Elaine Bonello (ID 389275M) respectfully submitted:

That the applicants are owners of the apartment with address Flat 2, Rose Park, in Ross Street, in San Ġiljan, which they acquired by means of a contract in the records of Notary Charlene Vella of the 13th August, 2010 (Doc. A);

On the same premises there is an annual and perpetual groundrent and sub-groundrent of €6.34 and they do not know to whom such groundrent and sub groundrent is payable;

The applicants failed to pay the same groundrent and subgroundrent for the last five years and this also according to the searches of their trusted Notary and till today, no owner resulted of the said groundrent;

As previously said, the applicants do not have any clue to whom the said groundrent is payable and so they are proceeding against deputy curators in this application;

Thus the applicants are humbly calling upon this Honourable Court and under its authority are depositing the amount of €31.70 representing groundrent and sub-groundrent arrears for the last five years so that the amount may be freely withdrawn by the respondents after leaving the relative receipt.

Applicant: Flat 2, Rose Park, Ross Street, San Ġiljan

Notification: Deputy curators, Law Courts, Valletta

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. Mr Justice Noel Cuschieri, LLD, Doctor of Laws.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court, on the 9th June, 2020, following a request of Admar Services (Malta) Limited et it was ordered that deputy curators be chosen to represent the absen Maxim Nalivkin in the records of the Sworn Application 397/2020MCH, in the names Admar Services (Malta) Limited vs Deputy Curators and in the other relative and subsequent acts.

By means of a Sworn Application, filed in the First Hall Civil Court, in the names Admar Services (Malta) Limited (C 74500) of Level 7, Tagliaferro Business Centre, 14, High Street, Tas-Sliema, Malta, and Adv. Thomas Bugeja (ID 562490M) nomine as special mandatory of WHG (International) Ltd (99191) of 6/1 Waterport Place, Gibraltar, GX11 1AA vs deputy curators to represent the absent Maxim Nalivkin (Israeli Tax Identification No. 32717986) of 80, Uziel St Ramat Gan, ZIP Code 5235112, Israel), filed on the 8th June, 2020, Admar Services (Malta) Limited (C74500) and Adv. Thomas Bugeja nomine respectfully sumbmits and with his oath Adv. Thomas Bugeja nomine (0562490M) confirms the following:

1. That the William Hill Group (William Hill) is an online gaming and sports betting group of companies with subsidiaries in Malta, Gibraltar and the UK amongst others;

2. That the applicant company, Admar Services (Malta) Limited (C74500) of Level 7, Tafliaferro Business Centre, 14, High Street, Tas-Sliema Malta (Admar Services) is part of the William Hill group of companies;

3. That the applicant company WHG (International) Ltd (99191) is one of the operational subsidiaries and part of the William Hill group of companies;

4. That the William Hill group operates an Affiliate Programme as a way to attract new customers to it gaming website. Affiliates are third parties who promote William Hill via links and banners on their own websites. In return for their service, affiliates are paid a commission for each customer that is acquired by William Hill and Mr Green Limited through these links. The Affiliate is either pid on a revenue share model, or paid a flot fee for each new customer, known as a Cost per Acquisition (CPA) model;

5. That the role of an Affiliates Manager is to acquire new third-part affiliates, and manage and monitor their portofolio to ensure that the affiliates they manager are bringing profitable customers to William Hill;

6. The International Affiliate population is managed by the International Affiliate Team based in Malta, but Affiliate Managers may be based remotely and are normally engaged by William Hill or one of its subsidiaries;

7. That the defendent, Mr Maxim Nalivkin originally performed the role of Affiliate Manager role under a contract with WHG (International) Ld, based in Gibraltar, which is also a subsidiary and part of the William Hill Group;

8. That eventually and in January 2020, the defendant was engaged by Admar Services as an Affiliate Manager to manage Russian affiliates under a contract of service dated 1st January, 2020, and entered into between Nalivkin and Admar Services Malta Limited (attached and marked as Doc. WH1);

9. That the applicant companies note that during a routine performance review, carried out by Rama Crevato (Head of International Marketing Planning), the same Crevato found that the defendant, Maxim Nalivkin had signed up a significant amount of substantially loss-making CPA deals with the affiliates he managed;

10. That in light of this finding, and initial investigation into these affiliate deals was completed by WHI – Head of Affiliates (Eoin Findlay) who raised concerns to the Head of Fraud, Risk & Payments (Jane Andrews);

11. That as they will explain in further detail in the course of these proceedings, the William Hill Fraud, Risk & Payments team found that the affiliates managed by the defendant were introducing customers who sign up with bogus details and make small deposits large enough to trigger the CPA payment, but then do not play again and never attempt to withdraw (therefore eluding KYC checks). These are clearly created to fraudulently trigger the CPA commission payment owed to the affiliates who introduce these fake customers to William Hill;

12. That in the course of the investigation carried out by the William Hill team obtained emails and evidence showing that on the 11th February, 2020, an affiliate managed by the defendant was complaining that his payment method and email address linked to his affiliate account (see Doc. WH2) has been changed. It later transpired that a payment made by WHG (International) Ltd to the Affiliate was fraudulently diverted and processed to a Skrill Account which did not belong to this affiliate;

13. That in essence it transpires (through audit logs in the applicant companies possession) that the defendant had used his access to the Affiliate management system and changed the email address and payment method to this affiliate, to divert the funds to another account (vide Doc. WH3);

14. That following this questionable change of details and payment methods a regular monthly commission payment was made by William Hill to the Skrill account of asproulias.periklis1@gmail.com on 23 January, 2020, for the total value of €21,293;

15. That following this payment, William Hill Internal Audit contacted the affiliate in question using the original email address and the same affiliate confirmed that asproulias.periklis1@gmail.com was not an email account they were linked to, and that they had not set up a Skrill account using that same email address (vide Doc. WH4).

16. That in light of this unacceptable behaviour and following further investigation, the applicant companies believe that the defendant and his accomplices Nikolay Kurilov and Yakov Shnayder are linked to a further four affiliate accounts, three of which have been sending fraudulent traffic to William Hill. William Hill has made payments to these three affiliate accounts totalling 146,470 USD, 133, 142 EUR and 38,180 USD and respectively;

17. That following the applicant companies investigation, the same companies have serious grounds to believe that they have been defrauded by the defendant, in that the Cost Per Acquisition (CPA) commissions paid by the defendant to the affiliates he managed, far exceed the value of the customers being acquired since most of the players being introduced by these affiliates were not genuine accounts;

18. As the applicant companies will prove in further detail, despite the fact that applicant companies have actively and repeatedly advised the defendant of the bogus-traffic being sent by the affiliates he was managing, the defendant Nalivkin, continued to pay thee commissions for this bogus-traffic, without any justification. This inevitably leads the applicant companies to believe that this behaviour is either collusive in a way through which the defendant directly profiting from these CPA commissions unduly paid to his affiliates, or at best, is the result of gross negligence on the part of the defendant Nalivkin;

19. That in any case, the applicant companies estimate that the unduly paid commissions paid for bogus traffic, by the defendant to his affiliates, amounts to approximately $905,864 USD;

20. In light of the criminal repercussions of the applicant's behaviour, the applicant companies have filed a criminal complaint with the Executive Police calling upon the Economic Crimes Unit to investigate the illegal acts committed by the defendant, which according to the plaintiff companies constitute misappropriation, obtaining money by fle pretence, fraudulent gain and computer misuse amongst other offences at law;

21. That it is important to note that following its internal investigation, William Hill submitted evidence of fraud to Skrill and obtained a refund of this sum €21,239 which had been diverted by the defendant to another unauthorised account;

22. That the applicant companies, humbly submit that through his actions, the defendant knowingly changed payment details of an affiliate leading to the applicant companies making an erroneous payment of €21,239 to a wrong account, and knowingly paid loss-making and potentially fraudulent commissions to his affiliates causing damages to the same applicants, which at this stage cannot be liquidated, but which amount to close to one million US dollars;

23. That for the above mentioned reasons, this action had to be instituted in this Honourable Court.

That in light of the above and for the reasons which will be amply proven in the course of these proceedings, pending any declaration which the Honourable Court considers necessary and opportune, defendant should state why the Honourable Court should not:

1. Declare and decide that the defendant misappropriated funds and/or was responsible for the erroneous payment of EUR 21,239 made by the applicant company WHG (International) Ltd;

2. Declare and decide that through his actions the defendant was in breach of his fiduciary obligations towards the applicant companies in accordance with Article 1124A of the Civil Code, Cap. 16 of the Laws of Malta;

3. Declare and decide that the defendant is in breach of the obligations assumed in terms of the Consultancy Agreement signed with Admar Services dated 1st January, 2020, and is responsible for damages caused through lack of skill, negligence and lack of usual care in carrying out the services;

4. Declare and decide that through his acts and omissions, the defendant is responsible for damages caused to the applicant companies, namely being the unduly authorised CPA commissions paid to fraudulent affiliates which he was managing in the course of his consultancy;

5. Liquidate the damages suffered by the applicant companies, if necessary with the assistance of technical referees, in terms of the Civil Code, Cap. 16 of the Laws of Malta;

6. Order the defendant to pay such liquidted damages to the applicant companies, with interest.

With costs to be decided against the defendant who is being summoned to testify under oath.

Applicant: Admar Services (Malta) Limited, Level 7, Tagliaferro Business Centre, 14, High Street, Tas-Sliema, Malta

Adv. Thomas Bugeja noe, 6/1 Waterport Place, Gibraltar GX11 1AA

Notification: 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. Mr, Justice Toni Abela, LLD, Doctor of Laws.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 23rd June, 2020, Application number 637/2020, by Joseph Vassallo et whereby they requested that it will be declared open in favour of Joseph Vassallo, Giovanni Vassallo, Alfred Vassallo and Carmela Grixti, children of the decujus in the quota of one sixth (1/6) undivided share each one of them; in favour of Sarah Josephine Vassallo in the as heir of Anthony Vassallo in the quota of one sixth (1/6) undivided share and in favour of Godfrey Vassallo, Allan Vassallo and Reuben Robert Vassallo as heirs of George Vassallo in the quota of one part of eighteen (1/18) undivided share each one of them the Succession of Giuseppe Vasallo, widower of Giovanna Vassallo née Pace, son of the late Carmelo and Josephine née Spiteri, born in Ħal Qormi, Malta, resided in Ħal Luqa, Malta, and died in Ħal Luqa, Malta, on the 22nd May, 1995, aged 78, and who held identity card number 443116M.

Wherefore any person who believes to have an interest in the matter is hereby called upon to appear before the said Court and to bring forward his objections hereto by a minute to be filed within fifteen days from the posting of the banns and notices according to law.

Alexandra Debattista

For the Registrar, Civil Court and Tribunals

By means of two applications filed in Civil Court of Voluntary Jurisdiction Section, on the 4th March, 2019, and on the 7th October, 2019, Applications numbers 393/2019 and 1762/2019 respectively by Margaret Rose Azzopardi and Joseph Abela, whereby following the applications Alessio Gatt, widower, son of the late Carmelo Gatt and Guiditta née Spiteri, born in Valletta on the 24th February, 1923, and residing in Msida, Malta, aged 97, holding identity card number 170023M was interdicted from all the acts of the civil life by means of a decree given on the 12th March, 2020.

Alexandra Debattista

For the Registrar, Civil Court and Tribunals

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 31st October, 2018, Application number 1690/2018 by Victoria Vella, whereby following the application Maria Dolores Muscat holding identity card number 55129G was interdicted from all the acts of the civil life by means of a decree given on the 2nd September, 2019.

Alexandra Debattista

For the Registrar, Civil Court and Tribunals

It is hereby notified that in virtue of the powers conferred by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 27th June, 2020, and this after a written plea numbered 408/2020, Ordered:

The correction of the Act of Birth of Sanguan Faesanthia, bearing number 2949 of the year 2020, so that the name 'Sanguan', whenever mentioned, is substituted by the name 'Watchareeporn'.

Court of Revision of Notarial Acts

Maruska Baldacchino

Deputy Registrar, Court of Revision of Notarial Acts