Court Notices published in Govt. Gazette no 20,745 of 3rd December 2021

By means of a decree given by the First Hall Civil Court, by this Court (MH) on the 9th November, 2020, in the records of the Application in the names Commissioner for Revenue vs Digisec Media Limited, Application number 1161/19 MH, the following publication was ordered for the purpose of service of the respondent company Digisec Media Limited, in terms of Article 187(3) et sequitur of Cap 12.

By means of an Application, presented, in the First Hall Civil Court, in the names Commissioner for Revenue vs Digisec Media Limited (C56612) on the 6th December, 2019, the Commissioner for Revenue, respectfully pleaded:

That Council Directive No. 2010/24/EU of the 16th March, 2010, concerning mutual assistance for the recovery of claims relating to taxes, duties and other measures was adopted and is subject to the laws of Malta by means of Order of 2010 on the Mutual Assistance for the Recovery of Claims relating to Taxes, Duties and other Measures Order, 2012, (Legal Notice 153 of 2012);

That by virtue of this Order and Directive the Commissioner for Revenue on behalf of the Minister responsible for Finance, as the competent authority in Malta, is granted the power ,upon a valid request by a member state of the European Union, to take action to recover the tax due to that Member State when the person owing such tax is present in Malta;

That in accordance with the said Order and Directive upon a request by a Member State to take action for the recovery of a claim, such claim shall be treated as if it were a claim for a civil debt due to the Government of Malta, which the competent authority in Malta is duly authorised to collect;

That the respondent was indicated by the competent authority of Finland, a Member State of the European Union, as a person with a Value Added Tax Liability in the total amount of seventy four thousand four hundred thirty four euro and twelve cents (€74,434.12) as indicated in the attached instrument marked as Doc A, together with interest in accordance with the laws of Malta, due by the respondent from the date of notification of the present application till the date of effective payment;

That the applicant is satisfied that all the relevant requirements of the said Directive with regards to the present claim have been complied with;

That the respondent is present in Malta and therefore the applicant has the right to recover from the respondent the above mentioned amount on behalf of the competent authority of the above mentioned Member State of the European Union;

That in accordance with the above mentioned Order and Directive this Court is granted the power and the obligation to order the registration of the documents attached to the present application and those documents shall thereupon constitute an executive title and also order that a copy of the present application and the attached documents be served on the debtor.

Therefore the applicant in accordance with the powers granted to him by virtue of the abovementioned Directive, humbly requests this Honourable Court, to order firstly the registration of the documents attached with the present application as an official copy so that the said documents shall constitute an executive title and secondly that a copy of the present application and the attached documents be served on the debtor in accordance with the relevant provisions of Cap. 12 of the Laws of Malta, as if the present application and attached documents were a judicial act.

The Application in the names Commissioner for Revenue vs Digisec Media Limited, Application number 1161/19 MH, has been deferred for hearing to the 10th December, 2021, at 9.20 a.m.

Applicant: Centre Point Building, Triq Ta' Paris, Birkirkara

Respondentj: 33/34, 3rd Floor, Regent House, Triq Bisazza, Tas-Sliema

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 3rd August, 2021, Application number 1309/2021, by Mary Farrugia née Caruana et whereby they requested that it will be declared open in favour Mary Farrugia, Mariano Farrugia, Rita Grixti, Emanuel Farrugia, Katerinu Farrugia, Carmel Farrugia, Joseph Farrugia, Lwiga Farrugia, Carmel Farrugia, Paul Farrugia, Maria Dolores Tumilty, Carmel Vella, Josephine Galea, Margherita Vella,Louis Galea, Carmelo Galea,Paul Galea, Michelina Said, Mario Galea, Krystle Galea, Mary Gillibrand, Maria Victoria Buhagiar, Joyce Bezzina, Polly Schembri, John Busuttil, Aldo Busuttil, Disma Busuttil, Mary Teuma, Pauline Manners, Michael Vella, Antonio Vella, Giuseppi sive Joseph Vella, Mary Scerri and Josephine Borg cousins of the decujus in the quota of one part of thirty four (1/34) undivided share each one of them the succession of Joseph Deguara, bachelor, son of the late Carmelo Deguara and Rosa Deguara née Farrugia, born in Rabat, Malta, resided in Rabat, Malta, and died in Rabat, Malta, on the 2nd February, 2021, aged 77, and who held identity card number 0493143M.

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 a decree given, by the Civil Court First Hall, by this Court (FDP) on the 8th July 2021,in the records of the Warrant of Prohibitory Injunction, in the names Alfred Azzopardi et vs Joseph Camilleri, Warrant Number 954/2021/1 FDP,the following publication was ordered for the purpose of service of the respondent Joseph Camilleri, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, presented, in the First Hall Civil Court , in the names (Applicant) Alfred Azzopardi (ID 193047M), Lucy Azzopardi (ID 100152M), Charles Azzopardi (ID 711739M), Adelina Azzopardi (ID 130140M), Rosaria Maria Azzopardi (ID 487248M), Noel Vella (0032268M) in his own name and in the name and in representation of Giuseppi Vella (passport of Malta number 1044332) and Charlmaine Vella (passport of Malta number 1310992), and Giuseppi Vella (ID 158340M) against Joseph Camilleri, in business, son of Anthony and Carmela née Magrin born in Ħamrun/Santa Venera and residing in Paceville, St Julian's, holder of identity card number 533455M, on the 28th June, 2021, the applicant Alfred Azzopardi (ID 193047M) and the applicants abovementioned respectfully pleaded:

That the interpellants have an interest to safeguard their rights;

That the interepellants in order to safeguard the credit hereunder mentioned against the respondent humbly prays this Honourable Cour to order the issuing of a Warrant of Prohibitory Injunction against the respondent so that he be witheld from selling, alienating, transferring or disposing inter vivos both by onerous or gratuitous title any property and in particular,

The block of building situated in Ball Street, Saint George's Road, Paceville, limits of St Julian's, which block incorporates,

i) The hotel with the name 'Tropicana Hotel' sometimes indicated with number 28, the said hotel includes: a) the apartments numbered one (1), two (2), three (3), four (4), five (5), six (6), seven (7), and eight (8), previously forming part of a block of apartments with the name 'Nevadda Flats' sometimes also 'Mediterranean Flats' in Triq Ball, Paceville, limits of St Julian's, subject to the sub-groundrent of €34.95; and b) the apartment internally numbered nine (9) forming part of the same apartments abovementioned; and (c) the subutile temporary dominium till the year 2007 of the apartment numbered 12, forming part of the abovementioned apartments subject to the annual and temporary subgroundrent of €349.50; c) the garage internally numbered ten (10) situated in a private drive which abutts on Triq Wilġa underlying the same block of apartments above mentioned,

ii) the premises previousvly with the name 'Salt and Pepper' today with the name 'Għal Kafè, and

iii)The site previously occupied by the immovables today numbered 115 and 116 in Saint George's Road, Paceville, limits of Saint Julian's which borders as mentioned in the Warrant.

Thus, the interpellant humbly prays this w Honourable Court to order the issuing of the Warrant of Prohibitory Injunction in order that he be withheld from continuing to do the acts mentioned in the Warrant.

Credit: Two hundred thirty four thousand and eighteen euro (€234,218.00). The sum hereby secured does not take account of any further compensation which may be liquidated by this Honourable Court in the proceedings which bear reference Number 948/ 2020 JVC, as demanded in the third and fourth demand of the same proceedings in respect of which the interpellants are reserving from now further  precautionary judicial action.

In security of all the demands brought forward by the applicant in the sworn application which bears references number 948/2020 JVC, in the names premised brought forward on the 21st October, 2021.

Confirmed before me by oath after I read its contents and in the presence of … omissis …as witness of identity.

(where the demand exceeds €11,646.86)

Republic of Malta

To  the Marshall of the Court

Whereas the above warrant was presented and there recur the elements required by law for the under mentioned order,

And after doing this or if you encounter any difficulty in the execution of this warrant you are to inform this Court forthwith.

Given by the Civil Court First Hall by the Honourable Mr. Justice Francesco Depasquale, LLM (IMLI) LLD.

The Application Warrant of Prohibitory Injunction in the names Alfred Azzopardi vs Joseph Camilleri, Application Warrant number 954/2021/1 FDP, has been deferred for hearing to the 1st February, 2022, at 9.00 a.m.

Notify: Joseph Camilleri, 64, St George's Rd, Paceville

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 16th November, 2021, Application number 2010/2021, by Advocate Dr Andrew Saliba et whereby they requested that it will be declared open in favour of Yvonne Saliba, wife of the decujus in the quota of one half (1/2) undivided share and the remaining one half (1/2) undivided share in favour of Dr Andrew Saliba son of the decujus the succession of Mario Saliba, husband of Yvonne Saliba, son of the late Joseph Saliba and Mary née Pisani, born in Ħaż-Żabbar, Malta, resided in Marsaskala, Malta, and died in Msida, Malta, on the 17th July, 2021, aged 67, and who held identity card number 515254M.

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 an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 18th October, 2021, Application number 1769/2021, by Susan Elizabeth Wiezien born Knox whereby she requested that it will be declared open in her favour the succession of her husband Andre Francois Wiezien, husband of Susan Elizabeth Wiezien, son of Paul Wiezien and Anna Wiezien née Szymanska, born in Croydon, England, resided in Elngand and died in Durham, England, on the 24th February, 2021, aged 72.

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 a Decree of the 1st December, 2021, 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 Bank of Valletta plc on the 29th November, 2021, the approval of the said judicial acts is being demanded for the amount of €141,000 following judicial sale by auction 32/16 in the names Bank of Valletta plc (C2833) vs Merger Enterprises (C7066) held under the Authority of the said Court on the 23rd November, 2021.

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 a decree given on the 1st November, 2021, 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 Organization and Civil Procedure (Cap. 12):

By the application filed in the Civil Court, First Hall, on the 4th August, 2021, by Bank of Valletta plc, Application number 30/20, in the names Bank of Valletta plc (C2833) vs John Tanti et being asked that the Court orders the sale by auction of the:

Maisonette marked by numbered two (2) named 'Edel' situated on the second floor, forming part of a block of two maisonettes which in common have the entrance and the external stairs, without an official number but forming part of a building block named 'GDS Buildings' in Triq il-Wied, Msida. The two maisonettes are overlying showroom situated on the ground floor level. The said block is bounded on the north by Triq il-Wied, on the west by property of the heirs of George Debattista and on the east by property of the heirs of Orlando Debono. The maisonette comes with right together with third parties of the use of the external stairs leading to the roof as well as with the right of perpetual use of undivided half of the roof of the said maisonette. The washroom on the roof is not conclude with the maisonette. This tenement enjoys the active and passive servitudes resulting from its position. The maisonette does not include the airspace above it and the airspace owners reserve the right to build other floors on the airspace of the block and extend the stairs and common service and undertake to transfer the maisonette services for the new roof.

The said tenement was purchased through a contract dated the fifteen of May of the year two thousand and nine (15.05.2009) in acts of the Notary Maria Briffa.

The said tenement is the property of John Tanti (ID 375982M) and Odette Sammut (ID 319189M).

Marvic Farrugia

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall, on the 1st December, 2021, on the application of HSBC Bank Malta plc (C3177), Tuesday, 31st May, 2022, 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 Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

Garage 282, Marshall Place, Triq il-Kampanella, Fgura: property consisting of a garage for business purposes of around two hundred and sixty square metres (260m²), free and unencumbered, at street level, having a narrow yard on the back. There are also toilets and a small store and a small spiral staircase leading to garage number 13 Chanel Drive. The property is valued at three hundred and fifty thousand euro (€350,000);

Garage unofficially numbered 13, Chanel Drive, Triq il-Ġiżi, Fgura: property consisting in an 'L' shape with access from Chanel Drive, of around one hundred square metres (100m²), free and unencumbered, at basement level. There is also a small toilet and a small shaft. The property is valued at one hundred and ten thousand euro (€110,000);

Garage unofficially numbered 16, Chanel Drive, Triq il-Ġiżi, Fgura: property consisting in an 'L' shape with access from Chanel Drive of around one hundred and five square metres (105m²), free and unencumbered, having an open space at the back which joins with garage number 13 and also having a shaft. The property is valued at one hundred and ten thousand euro (€110,000).

The said tenement is the property of Marshall Limited (C10331).

N.B. The said tenement will be sold as described in the acts of the judicial sale 44/13.

Gaetana Aquilina

for the Registrar of Civil Courts and Tribunals

By means of a decree given by the First Hall Civil Court, by this Court (FDP) on the 16th November, 2021, in the records of the Application in the names Carmel Galea vs Kevin Zammit et, Application 1001/20 FDP, the following publication was ordered for the purpose of service of the defendants Kevin Zammit, Margaret Zammit and the Director of Agriculture and Fisheries, 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 Carmel Galea vs Kevin Zammit and Margaret Zammit and the Director of Agriculture and Fisheries, on the 2nd November, 2020, the applicant Carmel Galea (ID 348956M) asked this Honourable Court,

1. Declare that the signatures on the documents annexed and allegedly signed by the interpellant on the 19th May, 1989 (Doc. A) and the form of registration with the Director of Agriculture, also allegedly signed by the interpellant on the 25th March, 1991 (Doc. B) are not the signature of the interpellant and uphold the other demands in the application.

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

The Application in the names Carmel Galea vs Kevin Zammit et, Application Number 1001/20 FDP, has been deferred for hearing to the 1st February, 2022, at 9.00 a.m.

Notify: 1) Kevin Zammit. 136, Empire Bldg, Trejqet it-Torri, Tas-Sliema

2) Margaret Zammit, 136, Empire Bldg, Trejqet it-Torri, Tas-Sliema

3) Director of Agriculture and Fisheries, Għammieri, Ħal Luqa

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals