Court Notices published in Govt. Gazette No. 20,524 of 20th November 2020

ARB/C053/2020 – NEW FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 13th November, 2020, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry  (Magistrate Dr Marse-Ann Farrugia, LLD). Compilation number 614/2020, in the case:

The Police

(Inspector Alfredo Mangion)

Versus

RENALD ATTARD, self-employed, 36 years, son of Raymond and Maria Dolores née Galea, born in Tal-Pietà, Malta, on the 8th October, 1984, residing at Rockap, Fl 4, Triq il-Ġdida, Ħal Luqa, Malta, and holder of Maltese identity card bearing number 499684M.

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 RENALD ATTARD 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, Cap. 101 of the Laws of Malta, and Section 5 of the prevention of Money Laundering Act, Cap. 373 of the Laws of Malta as made applicable by Section 23A of the Criminal Code, Cap. 9 of the Laws of Malta.

Any person who acts in contravention of the court order mentioned in Section 22A and Section 5 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

ARB/C054/2020 – NEW FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 16th November, 2020, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry  (Magistrate Dr Marse-Ann Farrugia, LLD). Compilation number 615/2020 in the case:

The Republic of Malta

Versus

DAVID GRECH, unemployed, 40 years, son of Carmelo and Daniela née Cutajar, born in St Julian's, Malta, on the 3rd July, 1980, residing at 89, Triq il-Flotta, Gżira, and holder of Maltese identity card bearing number 353080M.

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 DAVID GRECH 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, Cap. 9 of the Laws of Malta, and Section 5 of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta.

Any person who acts in contravention of the court order mentioned in Section 23A and Section 5 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

ARB/C055/2020 – NEW FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 16th November, 2020, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry  (Magistrate Dr Ian Farrugia, LLD). Compilation Number 618/2020 in the case:

The Police

(Inspector Steven Ryan Micallef)

Versus

DARKO SMILJANIC, cleaner, taxi driver, construction worker, 31 years, son of Bratislav and the late Dragana née Radenkovic, born in Nis, Serbia, on the 11th March, 1989, residing at 3, Flat 4, Triq Ġorġ Borg Olivier, Tas-Sliema, and holder of Maltese identity card bearing number 126326A and Serbian passport bearing number 011923469.

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 DARKO SMILJANIC 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, Cap. 101 of the Laws of Malta and Section 23A of the Criminal Code, Cap. 9 of the Laws of Malta.

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 means of a decree of the 6th November, 2020, of the Civil Court First Hall in the records of judicial letter number 2566/2020, in the names Maria sive Mary Lia vs Louis Attard et, the following publication was ordered for the purpose of effecting service on the respondents Louis Attard and Jalisse Attard in terms of Article 187(3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To Louis Attard (ID 271673M) of 18 Marang Crt, Fl 1, Triq il-15 ta' Awwissu, Qrendi

Jalisse Attard (ID 213697M) of 18, Marang Crt, Fl 1, Triq il-15 ta' Awwissu, Qrendi

By the present Maria sive Mary Lia (ID 600057M) of 26, Garofano, Triq ir-Rebbiegħa, Ħal Għaxaq, whilst making reference to the accident which occurred on the 2nd June 2017 in Triq il-Palazz, Gudja, whilst you, Louis Attard, were driving the vehicle with registration number GAN986 (property of Jalisse Attard) in the said road, with absentmindedness, carelessness and with lack of skill and failure to abide with the traffic regulations, you hit and caused serious injuries to her person, solicits you both so that within eight days, you come forward for the payment of all the damages suffered by her as a result of your own fault or of any one of you.

That although you Louis Attard already admitted the criminal accusations brought forward against you and you were condemned by the Court of Magistrates (as a Court of Criminal Inquiry) and so there is no question regarding your responsibility of the accident, and although you were solicited officially to pay for the damages, your insurers till today have not accepted this responsibility and did not accept to pay for the damages. Thus if you remain in default the interpellant will proceed against you before the Civil Court.

With costs and interest till the date of effective payment.

Notification: SMS Insurance Agency Limited

 Mapfre Middlesea plc

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 9th December, 2019, of the Rent Regulation Board, in the records of the Application in the names Maria Cassar et vs Lynn Camilleri et, Application number 166/2019SG, the following publication was ordered for the purpose of effecting service on the respondents Lynn Camilleri and Marco Camilleri in terms of Article 187(3) et seq of the Code of Organisation and Civil Procedure (Cap. 12).

By means of an application in the names Maria Cassar (ID 221831M), Anna Maria Davis (ID 227353M) and Joseph Cassar (ID 121563M) vs Lynn Camilleri and Marco Camilleri filed before the Rent Regulation Board on the 30th July, 2019, the applicant Maria Cassar (ID 221831M) humbly request:

That the premises number 16/17 in Triq Sant'Antnin, Valletta, Malta, were originally granted by the applicant's husband Anton Cassar (today deceased) to a certain Joseph Fenech by temporary emphyteusis for seventeen (17) years at the groundrent of Lm50 per year and this as results from the deed dated 9th February, 1985, in the acts of Notary Elizabeth A Muscat (A). On the 19th October, 1990, this Joseph Fenech transferred his rights to the respondent Marco Camilleri (who was married to the respondent Lynn Camilleri) and this through the deed in the records of Notary Joseph Brincat. Then, on the 4th December, 1997, Marco Camilleri and his wife the respondent Lynn Camilleri separated by means of a deed in the records of Notary Sandro Schembri. In this seperation deed Marco Camilleri granted to the respondent Lynn Camilleri the right to continue to reside in the premises but did not transfer to her his share of the utile (B).

Upon the demise of Anton Cassar, his patrimony devolved on the applicants Joseph Cassar and Anna Maria Davis and the applicant Maria Cassar inherited the use and the usufruct of all his property, and therefore including his share of the property above mentioned (C). Thus, today the applicant Maria Cassar has half of the property and the use and usufruct of the other half belonging to her children Joseph Cassar and Anna Maria Davis.

The emphyteutical concession expired in the year 2002, and at that point, the emphyteusis was converted into a lease in terms of article 12 of Cap. 158 of the Laws of Malta. Today the respondent pays the rent of €589 per year, payable in advance.

The applicants obtained a valuation of the premises de quo. In a report dated 20th June, 2019, it was concluded that today the premises in their currect state are valued €370,00 and has a potential of obtaining a price between €450,000 and €500,000. It is evident that the rent paid today is negligible. See the report of Architect Dylan Cutajar David dated 20th June, 2019 (D).

Without prejudice to any right of the applicant to contest the constitutional validity of the article in Cap. 158, they are filing this application in terms of article 12B so that a means test be made, and in case the respondent satisfies the criteria of the income and capital of the means test, then the rent is revised and new conditions regarding the same lease are established. It is being stated that this action is made without prejudice to any constitutional proceedings that the applicant may file to contest the constitutional validity of articles 12 and 12B of Cap. 158 of the Laws of Malta, and to request pecuniary and non-pecuniary damages for any breach whether past, present and future and any other action, in respect of which any rights thereon are being retained.

Thus the respondent is to state whether this Honourable Board should not, subject to any declaration and/or order as may be necessary:

1. Order that the means test be carried out with respect to the respondent according to article 12B(3)(iii) of Cap. 158 of the Laws of Malta, or that applicable on the date of the final judgement;

2. If the respondent does not satisfy the criteria of the income and capital means test, order the respondents to vacate from the premises de quo in a peremptory time, with compensation as stated in article 12B(4) of Cap. 158 of the Laws of Malta, or that applicable on the date of the final judgment;

3. If the respondent satisfies the criteria of income and capital of the means tests, orders that the rent be revised and new conditions regarding the lease are established in terms of article 12B of Cap. 1578 of the Laws of Malta, or that applicable on the date of the final judgement.

With costs against the respondent, who is from now summoned so that a reference to their oath be made and without prejudice to any other constitutional action that may be taken by the applicant to contest the constitutional validity of articles 12 and 12b of Cap. 158 of the Laws of Malta and to request pecuniary and non-pecuniary damages for any breach whether past, present and future and to any other right of action in respect of which all rights are being retained.

Applicants: 9 Season's Court, Flat 3, Triq Marku Falzun, Birkirkara

Notification: Lynn Camilleri u Marco Camilleri, 16/17, Triq Sant'Antnin, St Barbara Bastions, Valletta

The application in the names Maria Cassar et vs Lynn Camilleri et, Application number 166/2019SG, has been postponed for hearing to the 26th November, 2020, at 12.40 p.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on the 17th November, 2020, on the application of Michael Attard Limited (C32362) and the request of Commissioner of Revenue, Tuesday, 9th February, 2021, 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 nearby the Archives, Level -1, Triq ir-Repubblika, Valletta, of the following property:

One of eight (1/8) of an undivided share of a two floor corner house with entrance in Triq Ġorġ Borg Olivier, Rabat. The share is valued at nineteen thousand, three hundred and seventy five euro (€19,375).

The said tenement is the property of Anthony sive Antoine Vassallo (ID 825847M) and Antonia Vassallo (ID 187446M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 15/2015.

Marvic Farrugia

For the Registrar, Civil Courts and Tribunals

By means of a decree given, by th First Hall Civil Court, by this Court (JVC) on the 15th July, 2020, in the records of the Application in the names HSBC Bank Malta plc vs Galea Reuben et, Application number 1198/2019 JVC, the following publication was ordered for the purpose of service of the respondents Reuben Galea, Raymond Galea and Rita Galea, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, filed, in the Civil Court First Hall, in the names HSBC Bank Malta plc (C3177) vs Reuben Galea (ID 0417676M) as principal debtor and Raymond and Rita Spouses Galea (ID 1068744M and 89149M) as sureties in solidum on the 16th December, 2019, the applicant HSBC Bank Malta p.l.c. in terms of the said Article 258 of Cap. 12 of the Laws of Malta respectfully pleaded:

That by means of a contract of constitution of debt in the records of Notary Anton Borg of the 3rd January, 2014, the respondents constituted themselves true, certain and liquid debtors;

That the above mentioned contract was rendered executive by means of a judicial letter in terms of Article 256(2) of Cap. 12 of the Laws of Malta and notified to the respondents;

… omissis …

Thus, the applicant company saving any necessary declaration and opportune provision respectfully pray this Honourable Court to authorise the applicant company to pass to execute the same executive title mentioned in the application since there passed more than five years from the date of the same contract and the debt is not settled and this in terms of Article 258 of Cap. 12 of the Laws of Malta.

The Application in the names HSBC Bank Malta plc vs Galea Reuben et, Application number 1198/2019 JVC, has been deferred to the 1st December, 2020, at 9.00 a.m.

Notify: 1. Reuben Galea, 21, Casa Rimond, Triq Rimona, Mosta

2. Raymond Galea, 21, Casa Rimond, Triq Rimona, Mosta

3. Rita Galea, 21, Casa Rimond, Triq Rimona, Mosta

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of the 17th September, 2019, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) et seq of the Code of Organisation and Civil Procedure (Cap. 12).

Go plc (C22334) of Triq Fra Diegu, Marsa MRS 1501, filed a Claim on the 22nd August, 2019, whereby they asked the Tribunal to condemn Sage Marie Agius (ID 386195M) of 85, Triq Ħal Qormi, Ħamrun, to pay the plaintiff company the sum of €2014.38, which amount is due to the plaintiff company.

With costs and legal interests

The case (Claim number 225/19JG) is deferred on the 30th November, 2020, at 12.00 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given, by the First Hall Civil Court, on the 14th September, 2020, in the records of the Sworn Application in the names Simonds Farsons Cisk plc vs Micallef Luke, Application number 525/2020 AF, the following publication was ordered for the purpose of service of Luke Micallef, in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application, filed, in the Civil Court First Hall, in the names Simonds Farsons Cisk plc (C113) vs Luke Micallef (ID 55290M) on the 1st July, 2020, the applicant company asked this Honourable Court,

1. To decide the applicant's demands without proceeding to a hearing of the cause, declare that the respondent is a debtor of the applicant company in the amount of fifty thousand , eight hundred and ten euro and ninety-five cents (€50,810.95) or another sum that may be liqudated by this Honourable Court.

With costs and legal interests as demanded in the application, against the respondent summoned so that a reference to his evidence be made.

The Sworn Application in the names Simonds Farsons Cisk plc vs Micallef Luke, Application number 525/2020 AF, has been deferred for hearing to the 24th November, 2020, at 9.30 a.m.

Notify: Luke Micallef, No. 5, Triq l-Iskola, Żejtun

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree, given by the First Hall Civil Court, on the 22nd September, 2020, in the records of the Application in the names SSL Scaffolding Limited vs Taca Insaat VE Ticaet A.S, Application number 648/2020 AF, the following publication was ordered for the purpose of service of the respondent company Taca Insaat Ve Ticaret A.S. in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application,filed, in the First Hall Civil Court, in the names SSL Scaffolding Limited (C50989) vs Taca Insaat Ve Ticaret A.S. (OC 1225) on the 29th July, 2020, the applicant SSL Scaffolding Limited (C50989) asked this Honourable Court,

1. To decide the cause without proceeding to a hearing in terms of Art. 167 et sequitur of Cap. 12 of the Laws of Malta, declare that the respondent company is a debtor of the applicant for the sum of seventy six thousand eight hundred and sixteen euro and fifty eight cents (€76,816.58) representing the value of services rendered by the applicant to the respondent company following the request of the respondent company.

With costs and interest as demanded in the application, the respondent company is from now summoned so that a reference to its evidence be made.

The Sworn Application in the names SSL Scaffolding Limited vs Taca Insaat Ve Ticaret A.S. Application number 648/2020 AF, has been put of for hearing to the 3rd December 2020, at 9.00 a.m.

Notify; Taca Insaat Ve Ticaret A.S. 31, Regent House, Triq Bisazza, Tas-Sliema

Adv. Frank Portelli,LLD

For the Reġistrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on the 17th November, 2020, on the application of HSBC Bank Malta plc (C3177), Tuesday, 26 January, 2021, 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 Archieves, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

The tenement named 'Għajn Rihana' officially numbered seventy five (75) together with semi basement garage built on two floors with area of four hundred and four square metres (404mk) in Triq il-Ħannewija, built on a divided portion of land known as 'Tal-Wej' sive 'Ta' Birguma', San Pawl tat-Tarġa, limits of Naxxar.

The property is subject to annual and temporary and revisable ground rent of one hundred and thirteen Maltese liri (Lm113.50) equivalent to two hundred and sixty four euro and thirty eight cents (€264.38) for the term remaining period of the original emphyteuticial grant of one hundred and fifty (150) years commencing from the 5th July 1980 as better described as per contract of Notary Ivan Barbara dated 2.12.2002 valued at two million and fifty thousand euro. (€2,050,000).

The said tenement is the property of Cassar Etienne (ID181976M) and Cassar Marina (ID19865A).

N.B. The said tenement will be sold as described in the acts of judicial sales number 55/2019.

Marvic Farrugia

For the Registrar, Civil Courts and Tribunals