Court Notices published in Government Gazette No. 21,017 of 7th March 2023
Notice 534
534By means of a decree of the 28th November, 2022, of the Rent Regulation Board, in the records of the Application in the names Advocate Francis Lanfranco vs Josephine Barbara et, Application number 507/2022NB, the following publication was ordered for the purpose of effecting service on the respondent Josephine Barbara in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).
By means of an application in the names Advocate Doctor Francis Lanfranco (ID 381250M) vs Josephine Barbara (ID 265463M) and Housing Authority, filed in the Rent Regulation Board, on the 2nd June, 2022, the applicant Advocate Doctor Francis Lanfranco requested this Honourable Board why it should not:
1. Declare and decide that the respondent Josephine Barbara (ID 265463M) is the lessee of the premises 110, Triq San Mikiel, Birżebbuġa, and qualify as the lessee of a residential house on the basis of this definition, in terms of Article 2 of the Reletting of Urban Property (Regulation) Ordinance as amended by Act XXIV of 2021;
2. Order that the means test of the respondent Josephine Barbara (ID 265463M) be carried out as set out in the Rules of the Continuation Tenancies (Means Testing Criteria) issued under Article 1622A of the Civil Code and any regulations that replace them, which test shall be based on the income of the lessee between 1st January and 31st December, 2021, and on the capital of the lessee on the 31st December, 2021;
3. Declare and decide that in terms of Act XXIV of 2021, the rent shall be revised to an amount not exceeding 2% per year of the free and unencumbered open market value of the premises that is 110, Triq San Mikiel, Birżebbuġa and to establish new conditions regarding the lease;
4. Order that if the respondent Josephine Barbara (ID 265463M) does not satisfy the criteria of the income of the means test, the eviction of the same respondent from the premises in question within a short and peremptory time established by this Board and by not later than two years from the 1st June, 2021.
With costs against the respondent who is from now summoned so that a reference to her oath be made and without prejudice to any other action that may eventually be filed.
Applicant: 18A/3, Scotts House, Triq M. A. Vassalli, Valletta
Notification: Josephine Barbara, 110, Ruby John, Triq San Mikiel, Birżebbuġa
Housing Authority
The application in the names Advocate Doctor Francis Lanfranco vs Josephine Barbara et, Application number 507/2022NB, has been postponed for hearing to the 13th March, 2023, at 9.30 a.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 535
535By means of a decree of the 17th March, 2023, of the Rent Regulation Board, in the records of the Application in the names Helen Cremona et vs Ian Glenn Wallace et, Application number 852/2022JM, the following publication was ordered for the purpose of effecting service on the respondents Ian Glenn Wallace and Mary Grace Wallace in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).
By means of an application in the names Helen Cremona (ID 537156M), Maria Dolores Borg (ID 749554M) and Therese sive Teresa Borg (ID 101134M) vs Ian Glenn Wallace (ID 387301L) and Mary Grace Wallace (ID 17963M) and Housing Authority, filed in the Rent Regulation Board on the 26th October, 2022, the applicants Helen Cremona et requested this Honourable Board why it should not:
1. Declare and decide that the respondents Ian Glenn Wallace (ID 387301L) and Mary Grace Wallace (ID 17963M) are the lessees of the premises 61, Flat 5, Borg's Flats, Triq Salvu Psaila, Birkirkara, and qualify as the lessees of a residential house on the basis of this definition, in terms of Article 2 of the Reletting of Urban Property (Regulation) Ordinance as amended by Act XXIV of 2021;
2. Order that the means test of the respondents Ian Glenn Wallace (ID 387301L) and Mary Grace Wallace (ID 17963M) be carried out as set out in the Rules of the Continuation Tenancies (Means Testing Criteria) issued under Article 1622A of the Civil Code and any regulations that replace them, which test shall be based on the income of the lessee between 1st January and 31st December, 2021, and on the capital of the lessee on the 31st December, 2021;
3. Declare and decide that in terms of Act XXIV of 2021, the rent shall be revised to an amount not exceeding 2% per year of the free and unencumbered open market value of the premises that is 61, Flat 5, Borg's Flats, Triq Salvu Psaila, Birkirkara, and to establish new conditions regarding the lease;
4. Order that if the respondents Ian Glenn Wallace (ID 387301L) and Mary Grace Wallace (ID 17963M) does not satisfy the criteria of the income of the means test, the eviction of the same respondent from the premises in question within a short and peremptory time established by this Board and by not later than two years from the 1st June, 2021.
Applicants: Marjac, 50C, Triq San Ġorġ, St Paul's Bay
Notification: 61, Flat 5, Borg's Flats, Triq Salvu Psaila, Birkirkara
Housing Authority
The application in the names Helen Cremona et vs Ian Glenn Wallace, Application number 852/2022JM, has been postponed for hearing to the 14th March, 2023, at 10.10 a.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 536
536By means of a decree of the 16th December, 2022, of the Rent Regulation Board, in the records of the Application in the names Trustrade Limited vs Milioto Limited, Application number 701/2022NB, the following publication was ordered for the purpose of effecting service on the respondent company Milioto Limited in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).
By means of an application in the names Trustrade Limited (C10492) vs Milioto Limited (C94259) filed before the Rent Regulation Board, on the 24th August, 2022, the applicant Trustrade Limited (C10492) requested with respect whilst Angelo Bugeja (ID 521442M) confirmed on oath so that this Board:
1. Declares and decides to hear this case without proceeding to trial in accordance with Article 16A of Cap. 69;
2. Orders the eviction of the company Milioto Limited from the commercial premises 37, Triq Marina, Marsaskala, because the respondent company is in default of payment of the rent, changed the use for which the premises were let because it is not using them and abandoned the premises, which eviction has to be made within a short and peremptory time that is established by this Board and this under those conditions that this Board deem fit and opportune.
With costs and from now the respondent is summoned so that a reference to the oath be made.
Applicant: Flat 2, Blue Waters, 44, St Anne Street, Marsaskala
Respondent: Milioto Limited, 37, Triq Marina, Marsaskala
The application in the names Trustrade Limited vs Milioto Limited, Application number 701/2022NB, has been postponed for hearing to the 17th March, 2023, at 9.20 a.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 537
537By means of a decree of the 9th December, 2022, of the Rent Regulation Board, in the records of the Application in the names Manwel Muscat vs Anton Cuschieri, Application number 93/2022NB, the following publication was ordered for the purpose of effecting service on the respondent Anton Cuschieri in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).
By means of an application in the names Manwel Muscat (ID 267545M) vs Anton Cuschieri (ID 809745M) filed before the Rent Regulation Board, on the 31st January, 2022 the applicant Manwel Muscat (ID 267545M) requested with respect so that this Board:
1. Subject to making any necessary declaration, it proceeds to hear this case without proceeding to trial in accordance with Article 16A of Cap. 69 of the Laws of Malta and order the respondent to evict from the garage (26) Triq Saint Peter, Mġarr (Malta), within a short and peremptory time and return the vacant possession of the said premises to the applicant and order and decide that the premises de quo shall not be relocated to the respondent;
2. Order the respondent to pay all the rent arrears and amounts due according to the contract of the 19th February, 1993, in the amount of €18,000, which amount represents the rent installments due till today;
3. Save any other order or direction that this Honourable Court deems fit and opportune.
With all costs including those of the legal letter, judicial letter and interest and reserving the right to any action by the applicant according to law.
Applicant: 4, Triq il-Ġnien Għajn Tuffieħa, Mġarr
Respondent: 32, Alson Flats, Flat 4, Triq Sir Adrian Dingli, Tas-Sliema, and/or No. 2, Acquarius Flats, Triq il-Wied, Mosta
The application in the names Manwel Muscat vs Anton Cuschieri Application Number 93/2022NB has been postponed for hearing to the 17th March, 2023, at 9.00 a.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 538
538By means of a decree of the 2nd December, 2022, of the Rent Regulation Board, in the records of the Application in the names Reuben Paul Mizzi vs Veronica Mumford, Application number 527/2022NB, the following publication was ordered for the purpose of effecting service on the respondent Veronica Mumford in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).
By means of an application in the names Reuben Paul Mizzi (D 18485M) vs Veronica Mumford (ID 7946M) filed before the Rent Regulation Board, on the 14th June, 2022, the applicant Reuben Paul Mizzi (ID 18485M) requested with respect so that this Board:
1. Declare that the respondent doe not enjoy any title of lease and is not entitled to any title of lease on the premises Shamrock, 335, Triq Ħaż-Żabbar, Fgura;
2. Authorise the applicant to regain the possession of the premises above mentioned and order the respondent to vacate the property and return the vacant possession of the premises and this within a short and peremptory time fixed by this Honourable Board;
3. Declare that the respondent is responsible to pay the applicant the damages or compensation for damages arising from illegal occupation by the respondent and loss earnings suffered by the applicant or any other date established by this Board and this till the respondent returns the effective possession of the said property;
4. Liquidate the same damages and namely compensation for loss of profits payable by the respondent every day or every month and this, if necessary. by the nomination of an architect;
5. Order and condemn the respondent to pay the applicant the damages or compensation for loss of profit thus liquidated from a date established by this Board till the date when the applicant is given the effective possession of the property subject matter of these procedures;
6. In the event that the first five requests are not met, the rent payable is reviewed for an amount that does not exceed two percent (2%) per year of the free and open market value of the premises rented and that is the premises Shamrock, 335, Triq Ħaż-Żabbar, Fgura;
7. Consequently, it orders the respondent to start paying the applicant the amount of rent thus revised every year with effect from the 17th June, 2022, and this without prejudice to what is provided in subsection (7) of Article 12B of Cap. 158 of the Laws of Malta; and
8. Establish any other conditions for the rent that may be necessary and desirable according to the circumstances.
With costs against the respondent who is from now summoned so that a reference to her oath be made.
Applicant: Jacaranda, 174, Triq ix-Xgħajra, Ħaż-Żabbar
Respondent: Shamrock, 335, Triq Ħaż-Żabbar, Fgura
The application in the names Reuben Paul Mizzi vs Veronica Mumford, Application number 527/2022NB, has been postponed for hearing to the 13th March, 2023, at 9.30 a.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 539
539By decree given by the Civil Court, First Hall on the 02nd March, 2023, on the application of HSBC Bank Malta plc (C3177), Thursday, 25th May, 2023, 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:
The tenement named Millenia, in Triq Aldo Moro, Marsa, consisting of a rectangular plot of depth of circa 50.5 metre and frontage of circa 27.5 metre, with the frontage leading directly on the service road that abuts from and in Triq Aldo Moro (hereby described as service road) and the back façade leading directly on Triq Troubridge. The tenement is built and consists in a basement and four floors built over the street level and the overlying airspace, with areas of the tenement being rented and divided in : Level -01 consisting of stores and open car park, Level 00 consisting in two offices, one presently being used by the Malta Resources Authority while the other office is being used by a religious centre, Level +01 consisting of an office presently used by the Ministry for the Economy, Investment and Small Business (MEIB), Level +02 consisting of an office presently used by the Environment Resources Authority (ERA), Level+03 consisting of an office presently used by the Ministry for Home Affairs and National Security (MHAS), Level +04 consisting of airspace, part of which is roofed and where one finds number of services that serve the complex, and the overlying airspace, bounded west by said service road, east by another unnamed road abutting on Triq Troubridge, and north by property of V. V. M. Limited or its successors in title and south by property of Joseph Bezzina and Company Limited, with all its rights and appurtenances and valued at eight million, nine hundred and thirty nine thousand and six hundred and eighty one euro and fifty cent (€8,939,681.50).
The said tenement is the property of Mizzi Group Ltd (C21948).
N.B. The said tenement will be sold as described in the acts of judicial sales number 6/2021.
Gaetana Aquilina
For the Registrar, Civil Courts and Tribunals
Notice 540
540By means of a decree of the 4th January, 2023, in the records of the protest number 511/2022, in the names Kirsten Spiteri Azzopardi vs Andre Apap, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service in terms of Article 187(3) et sequitur of Cap. 12 on the respondent Andre Apap.
In the First Hall of the Civil Court
To Andre Apap, 51, La Mirage, Flat 1, Triq Ġwann Mamo, Iklin
Judicial Protest of the said Kirsten Spiteri Azzopardi of 23, Triq Ġużi Abela, Żejtun (KI 433591M).
Request with respect:
That the applicant refers you to the contract of works signed by you on the 12th January 2022 where you agreed to demolish and rebuild the premises number 68, Triq Erin Serracino Inglott, Cospicua;
That under the terms of the same contract you had to complete and execute the necessary works within six months from when the Architect Malcolm Cachia directs and since this was done on the 13th May, 2022, the works should have been executed by 13th November, 2022;
Since you demolished the internal part and stopped working for these months, the place is not only not built as established by the contract of works, but it could also be a danger to third parties especially in the next winter season;
That this delay is causing and may cause harm and damage to the applicants and therefore these works need to be executed by you without delay.
Therefore, the applicant, while referring to the facts as set out here, as well as to the contract of works here mentioned signed on the 12th January, 2022, is requesting so that you immediately you proceed to execute the works indicated there and whilst holding you responsible in dolo, mora and culpa is reserving any further action against you for the contract to be duly executed according to law.
With costs
Applicant: 23, Triq Ġużi Abela, Żejtun
Respondent: 51, La Mirage, Flat 1, Triq Ġwann Mamo, Ilklin
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 541
541By means of a decree of the 8th February, 2023, in the records of the judicial letter number 1693/2022, in the names HSBC Bank Malta plc vs Jeffrey Attard, the Courts of Magistrates (Malta) ordered the following publication for the purpose of service of the respondent in terms of Article 187(3) of Cap. 12.
In the Courts of Magistrates (Malta)
To Jeffrey Attard (ID 428673M) of Intext, Sun Island Nurseries Limited, Triq il-Palma, Mġarr
By means of this present, HSBC Bank Malta p.l.c. (C3177) of 32, Triq il-Merkanti, Valletta
Draws your formal attention to the fact that on the 11th March, 2022, you were in delay of payment of the loan given to you by means of a contract in the records of Notary Maria Spiteri dated 1st November, 2007, in the amount of €8,007.62 and thus the interpellant company solicits you so that within two days you pay this amount. Besides the interpellant company informs you that this sum of arrears in the amount of €553.08 per month will be added after that date.
Solicits you so that within two days from when you receive this letter you pay the amount of €5,925.91 representing as for the amount of €4,927.28 as capital and as for the amount of €427.64 as interest that accrued on the capital till the 11th March, 2022, as you failed to do, on the account number 061-219770-001, which amount is Encroachment on the Current Account that was duly given to you, by the interpellant Bank and accepted by you, besides the interest from the 12th March, 2022, till the date of this letter together with further legal interest on the capital sum from the date of this letter till the date of effective payment.
Informs you that if you fail to pay all the arrears within fifteen days from the day of notification of this letter, the whole loan amount will be due all at once.
To avoid useless court fees, if the payment of the loan is not possible in the time given and you need more time to pay by monthly installments, you can admit your debt towards the Bank by means of a notarial act. In this case you are requested so that within fifteen days from when you receive this letter you inform the Bank and engage a notary.
This letter is being filed as well to interrupt prescription and as such is required by law in terms of article 2128 of the Civil Code (Cap. 16 of the Laws of Malta).
In default further procedures will be taken against at Court without further notice.
So much so that you may know how to regulate yourself
With costs
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 542
542By means of a decree given on the 7th February, 2023, in the records of the judicial letter number 2455/22, in the names Permanent Secretary in the Ministry for Health vs Sean Van Brantegem, the Courts of Magistrates (Malta) ordered the following publication for the purpose of service on the respondent, in terms of Article 187(3) of Chapter 12.
By means of a judicial letter filed in the Court of Magistrates (Malta) against Sean Van Brantegem (ID 101220L) of B2, High View Mansions, Triq l-Istasija, Manikata, on the 3rd October, 2022, Permanent Secretary of the Ministry for Health of 11, Castellania, Triq il-Merkanti, Valletta, solicits you so that within one week from this letter you pay the amount of €1,313.05 representing overpayment done from Mater Dei Hospital according to the attached document and marked as Doc. A.
In default the interpellant shall proceed furtherly against you without further notice with the issuance of the opportune warrants according to law.
This letter is sent to you in terms of articles relative to the Civil Code (Chapter 16) of the Laws of Malta.
So much for your own guidance
With interest and costs of this present till the effective payment.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 543
543By decree given by the Civil Court, First Hall on the 17th of January, 2023, on the application of Vella Wright Natalie Mary Louise (ID 298201L), Tuesday, 25th April, 2023, 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:
The tenement with numbers two hundred and sixty one/ two hundred and sixty two (261/262), in Triq il-Kbira, Balzan, which consists of a shop Class Four (IV) situated on the semi basement level, underlying third party property, with access from a stairs leading to the street. The main commercial space leads access to all the rooms including the bathroom, the kitchenette and the box room. The tenement has a measurement of about sixty three square metre (63sqm), and is subject to the passage of rain water and drainage drains, as may be necessary for the services of the property forming part of the same block, and all the block is bounded south with the street, west with property that abuts onto Triq San Franġisk and east with property that abuts onto Triq Wied Ħal Balzan, free and unencumbered and includes all its rights and appurtenances and is valued at one hundred thousand euro (€100,000).
The said tenement is the property of Emanuel Baldacchino & Co. Limited (C44700) and Emanuel Baldacchino (ID 368682M) in his personal name and qua garanti in solidum with Emanuel Baldacchino & Co. Limited (C44700).
N.B. The said tenement will be sold as described in the acts of judicial sales number 34/2022.
Gaetana Aquilina
For the Registrar, Civil Courts and Tribunals
Notice 544
544By means of a decree of the 17th June, 2022, given by the Civil Court First Hall in the records of judicial letter number 4846/2021, in the names Registrar of Civil Courts and Tribunals vs Schmidt Arne, the following publication was ordered for the purpose of effecting service on the respondent in terms of Article 187(3) et sequitur Cap. 12.
In the First Hall of the Civil Court
To Schmidt Arne of Penthouse 7, Morning Mist Crt, Triq Massimiliano Kolbe, St Paul's Bay
By the present the Registrar of Civil Courts and Tribunals of Law Courts, Triq ir-Repubblika, Valletta, solicits you so that within four days from the notification of this judicial letter you pay the sum of €1,115.27 due by you as Registry fees in connection with the law suit in the names:
Zammit Paul vs Schmidt Arne (Application number 815/2015/1).
You can also pay online by accessing the website (ecourts.gov.mt) and choose the link 'Ħallas id-Dritt tar-Reġistru tal-Qorti' (Pay Court Registry Fees). In default the applicant reserves the right to proceed further against you according to law.
So much for your own guidance
With costs
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 545
545By means of a decree of the 5th October, 2021, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 428/2021 in the names Reuben Bonnici noe vs John Mary Falzon, the following publication was ordered for the purpose of effecting service on the respondent John Mary Falzon in terms of Article 187(3) of Cap. 12.
In the Court of Magistrates (Malta)
To John-Mary Falzon (ID 616656M) of 64A, Triq Sant'Enriku, Tas-Sliema
By the present, Reuben Bonnici (ID 448471M) for and on behalf of the company Automated Revenue Management Services Limited (C46054) 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 €4,013.07, 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 and the water supply regulations together with interest due on the amount which amount consists of the following:
i. As for utility bill number 101000262714 in the amount of €3,229.17 for the premises with address 151, Bakery, Triq il-Wied, Msida; and
ii. As for utility bill number 101000266396 in the amount of €783.90 for the premises with address 64A, Triq Sant'Enriku, Tas-Sliema.
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
Notice 546
546By means of a decree of the 24th January, 2023, of the Civil Court First Hall in the records of judicial letter number 4691/2022, in the names, Commissioner for Revenue vs Muryx Limited, the following publication for the purpose of service on the respondent company Muryx Limited was ordered in terms of Article 187 (3) et sequitur of Cap. 12.
In the First Hall of the Civil Court
To Muryx Limited (C 53532) of 40, Villa Fairholme, Triq Sir Augustus Bartolo, Ta' Xbiex
By the present, the Commissioner for Revenue of Centre Point Building, Block 6, Triq Vincenzo Dimech, Floriana, calls upon you in terms of Article 59 of Act XXIII of 1998 so that within two (2) days from the service of this act, you pay the amount of €10,234,663.13 representing the amount due by you as Value Added Tax according to the same Act.
With costs and interest according to that Act till the date of effective payment.
This calling is being made for all intents and purposes of law, particularly, but not exclusively, in order to render executable the executive title which the same Commissioner for Revenue has against you by means of a notice sent to you.
In default, the interpellant informs you that he shall pass to execute the said executive title he has against you by means of the opportune warrants.
So much so that you may know how to regulate yourself and to proceed
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 547
547By means of a decree given on the 29th August, 2022, in the records of the judicial letter number 972/2022, in the names Edgar Ferrante et vs Maria Sammut, the Rent Regulation Board ordered the following publication in terms of Article 187(3) of Cap. 12 for the purpose of effecting service on the respondent Maria Sammut.
In the Rent Regulation Board
To Maria Sammut (ID 234689M) of 3, Sqaq Cancella, Birkirkara
By means of this present Edgar Ferrante (ID 310964M), Georgette Ferrante (ID 470065M), Concetta Borg (ID 783849M) and Giuseppe Borg (ID 164638M) of 322 Triq il-Kanun, Santa Venera, makes reference to the premises 3, Sqaq Cancella, Birkirkara, which premises are rented to you at a meagre rent of €209 per year.
That despite the fact that you have an obligation in terms of law to keep the premises in question in a good state of maintenance, you have failed to do so and with your carelessness and negligence you have caused several damages to the premises, which damages constitute very serious damage in terms of law;
That in addition, it results that you have abandoned the property in question and you no longer use it as your ordinary residence, which abandonment constitutes a change in the intended use of the premises;
That consequently the applicants are soliciting you so that within two weeks from the notification of this judicial letter, you do all the necessary repair works to repair the damages caused in the property in question and this under the supervision of Architect Pierre Sapiano and in default the applicants will proceed against you both for your eviction from the premises in question and for the damages that you have caused in their property.
So much so that you will know how to regulate yourself and to proceed
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 548
548By means of a decree of the 22nd February, 2023, handed down by the Juvenile Court in the records of the application number 69/2022LL in the names The Minors Care Review Board vs … omissis …, the following publication was ordered for the purpose of effecting service on Alfred Caruana in terms of Article 187(3) et sequitur of Cap. 12.
By means of a note in the names The Minors Care Review Board vs … omissis … filed in the Juvenile Court, on the 6th July, 2021, in the acts of the Application Number 69/2021LL, the applicant the Minors Care Review Board filed its recommendations on the decisions it has taken on the 18th January, 2021, by means of document marked as Doc. A and this according to Article 33(7) and Article 33(10) for the alternative permanency plan that is being here attached and marked as Doc. B, so that a decree by this Honourable Court will be given to order that the alternative permanency plan is in the best interest of the minor (Art 23(4)).
By means of a decree dated 16th July, 2021, the Court ordered after it saw the exhibited documents and Article 23(1)(4)(5) and 33(7) of Cap. 602 that there is no need to hear the minor in terms of article 17(1) of Cap. 602 and there is also no need to hear other views and that the Court is of the opinion that the alternative permanency plan as proposed is in the best interest of the minor … omissis …and order that it comes into force.
The Court ordered that the care and custody of the concerned minor be vested in the Director of Alternative Care (Children and Minors) Ms Remenda Grech (ID 28184M) and ordered also the medical and educational authorisation of the same minor remain in the hands of Saviour Mallia (ID 55459M) and Helen Mallia (ID 157663M).
By means of an application dated 4th November, 2022, the Board recommended that the Protection Order according to Article 33(5) be revoked so that this Court can revoke this Order according to Article 22(2) after the decision taken by the Court of the 23rd September, 2022, attached and marked as Doc. A.
The Board was informed by the social workers of the case that the minor wished to reside with her grandparents and this also due to the fact the in the same placement her brother resides with her. The minor was given a permanency with the maternal grandparents after the issue of the decree of this Court dated 16th July, 2021.
By means of a decree of the 7th November, 2022, the Court after seeing the application of the Minors Care Review Board of the 4th November, 2022, where the revocation contrario imperio of the decree of this Court differently presided of the 16th July, 2021, where it was ordered the alternative Permanency plan will come into force regarding the concerned minor and this following the issue of the Care Plan on the same minor of the 7th March, 2018.
For the reasons listed in this request by the Review Board and the attached documents with the same marked as Doc. A, B, C, D and E.
And for the reasons mentioned the Court uphold the requests of the Revision Board such that the revocation plan comes into effect as indicated in the document marked as Doc. D duly attached.
Applicant: The Minors Care Review Board, 469, Bugeja Institute, Triq il-Kbira, Santa Venera
Notification: Alfred Caruana, 3, Triq it-Tlett Ibliet, Cospicua
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 549
549Banns for Curators
Republic of Malta
To the Marshall of the Court
By means of a decree given by this Court on the 22nd February, 2023, following a request by the Directorate for Child Protection within the Foundation of Social Welfare Services it was ordered that deputy curators be appointed to represent Julie Galdes in the acts of the Application number 121/2022LL in the names Directorate for Child Protection within the Foundation of Social Welfare Services vs Valentina Schembri et vs Deputy Curators and in the other relative and subsequent acts.
By means of an Application in the names Directorate for Child Protection within the Foundation of Social Welfare Services vs Julie Galdes (ID 361587M), filed in the Juvenile Court on the 20th May, 2022, whereby the applicant Directorate for Child Protection within the Foundation of Social Welfare Services respectfully submitted so that this Court orders:
1. On a preliminary basis and in terms of Article 18(3), it authorises the minors siblings Galdes to reside in a licensed residence that has been approved by the respective authority and the applicant Directorate;
2. On a preliminary basis and in terms of Article 18(3), it entrusts the care and custody of the minors siblings Galdes in the hands of the Director of the Directorate Alternative Care (Children and Youths) such that this Director may have the power to delegate the authority to make ordinary decisions with respect to the health and education of the minor to the alternative carers;
3. On a preliminary basis and in terms of Article 18(3), it orders that any contact of the minor with the defendant mother is to take place under supervision which supervision is to be regulated by the Directorate Alternative Care (Children and Youth) according to regulations and procedures that are adopted by the Supervised Access Service within the same Directorate applicant;
4. Appoints the present application for a hearing in terms of Article 18(5) of Cap 602 of the Laws of Malta;
5. Appoints a Children's Advocate to provide explanations, to provide any information to the minor, to assist and represent the views of the minor before this Honourable Court in terms of article 25 of Cap 602 of the Laws of Malta;
6. Uphold the recommendations, including the issue of the welfare care order for the well-being of the minor, of the Director of the Directorate for Child Protection as set out in the report attached as Doc. X and makes them an integral part of its final decision and subsequently refers the decision of this Honourable Court to the Review Board to review the care plan of the minor in terms of Cap 602 of the Laws of Malta.
And this under those provisions that this Honourable Court deems necessary and opportune to impose in the circumstances.
The case (Application number 121/2022LL) in the names Directorate for Child Protection within the Foundation of Social Welfare Services et vs Julie Galdes is postponed to the 29th March, 2023, at 11.00 a.m.
Applicant: Directorate for Child Protection, 220, Triq il-Kanun, Santa Venera
Notification: Deputy Curators
You are therefore ordered to affix an official copy of these banns at the entrance of this 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 these banns, you are to inform forthwith this Court.
Given by the aforementioned Court of Magistrates (Malta) with the witness of Magistrate Dr Lara Lanfranco MA Law (Melit), BA, LLD, Doctor of Laws, Magistrate of the above mentioned Court.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 550
550By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 25th January, 2023, Application number 140/2023, by Henry Catania et whereby they requested that it be declared open in favour of Henry Catania, Georgina Catania and Pauline Incorvaja in equal shares between them subject to the usufruct of their mother Maria Dolores Catania the succession of Giuseppe Catania, husband of Maria Dolores Catania née Saliba, son of the late Paolo Catania and Eugenia Catania née Borg, born in Msida, Malta, resided in Naxxar, Malta, and died in Msida, Malta, on the 22nd August, 2022, aged 92, and who held identity card number 0597329M.
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
Notice 551
551By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 19th January, 2023, Application number 101/2023, by Jane Grech whereby she requested that it be declared open in favour of Jane Grech, 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 Brian Grech and Dennis Grech children of the decujus in equal shares between them the succession of Edgar Grech, husband of Jane Grech, son of the late Gerald Grech and Rosa Grech née D'Amato, born in Kalkara, Malta, resided in Kalkara, Malta, and died in Msida, Malta, on the 27th July, 2022, aged 77, and who held identity card number 490445M.
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
Notice 552
552By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 21st December, 2022, Application number 2568/2022, by Joseph Formosa whereby he requested that it be declared open in favour of Carmelo Formosa, Giorgio sive George Formosa and Mary Lourdes sive Maria Dolores sive Dolores Formosa children of the decujus in the quota of one third (1/3) undivided share each one of them the succession of Giuseppa Formosa, wife of Guzeppi Formosa, daughter of Carlo Mangion and Concetta Mangion née Cilia, born in Ħal Qormi, Malta, resided in Ħal Qormi, Malta, and died in Ħal Qormi, Malta, on the 15th December, 1936, aged 48.
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
Notice 553
553By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 15th February, 2023, Application number 288/2023, by John Norman sive Norman Cianco et whereby they requested that it be declared open in favour of John Norman sive Norman Cianco husband 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 Nathasha and Ivan Joseph siblings Ciancio children of the decujus in equal shares between them the succession of Marika Ciuancio née Azzopardi, wife of John Norman sive Norman Ciancio, daughter of Joseph Mary Azzopardi and Helen Azzopardi née Grech, born in Tas-Sliema, Malta, resided in San Ġwann, Malta, and died in Msida, Malta, on the 20th December, 2022, aged 76, and who held identity card number 841046M.
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
Notice 554
554By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 16th February, 2023, Application number 312/2023, by Giovanna sive Joan Galea et whereby they requested that it be declared open in favour of Giovanna sive Joan Galea , Architect Francis sive Frank Cortis and Mark Cortis children of the decujus in the quota of one third (1/3) undivided share each one of them the succession of Paolo Cortis, widower of Innocenza Cortis née Muscat, son of the late Giovanni Cortis and Rosaria Cortis née Agius , born in Ħad-Dingli, Malta, resided in Rabat, Malta, and died in Msida, Malta, on the 8th July, 2022, aged 90, and who held identity card number 493431M.
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
Notice 555
555By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 15th February, 2023, Application number 306/2023, by Joseph George Tabone Adami et whereby they requested that it be declared open in favour of Joseph George Tabone Adami, Girogina Schembri Adami and Pauline Alamango brothers and sisters of the decujus in equal shares between them the succession of Fr Francis Xavier Tabone Adami, bachelor, son of the late Carmelo Tabone Adami and Rosaria née Brimmer, born in Gżira, Malta, resided in Tas-Sliema, Malta, and died in Apucarana, Parana, Brazil, on the 22nd June, 2022, aged 83, and who held identity card number 247439M.
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
Notice 556
556By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 15th February, 2023, Application number 291/2023, by Ruth Ruggier et whereby they requested that it be declared open in favour of Ruth Ruggier, 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 Stefania Ruggier, William Ruggier, Emily Ruggier and Sophie Ruggier children of the decujus in the quota of one eighth (1/8) undivided share each one of them the succession of Ian Ruggier, husband of Ruth Ruggier, son of Joseph Emmanuel Ruggier and Carmen Ruggier née Galea, born in Ħ'Attard, Malta, resided in Mosta, Malta, and died in Mosta, Malta, on the 22nd September, 2022, aged 54, and who held identity card number 287868M.
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
Notice 557
557By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 21st February, 2023, Application number 337/2023, by Louis Camilleri whereby he requested that it be declared open in favour of Joseph Camilleri, Mary Mizzi, Maria Stella Dimech, John Camilleri and Louis Camilleri brothers and sisters of the decujus in the quota of one fifth (1/5) undivided share each one of them the succession of Emanuel Camilleri, bachelor, son of the late Joseph and Carmela Camilleri née Deguara, born in Mosta, Malta, resided in Mosta, Malta, and died in Msida, Malta, on the 11th March, 2022, aged 67, and who held identity card number 10555M.
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
Notice 558
558By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 20th January, 2023, Application number 113/2023, by Notary Daniela Aquilina noe whereby they requested that it be declared open in favour of Kathleen Charles and Nicholas Camilleri children of the decujus in equal shares between them the succession of their mother Margaret Camilleri, legally separated from David Camilleri, daughter of the late Carmel Pirotta and Dolores Maria Pirotta née Cauchi, born in Floriana, Malta, resided in Santa Venera, Malta and died in Santa Venera, Malta, on the 1st November, 2022, aged 66, and who held identity card number 255456M.
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
Notice 559
559By means of a decree of the 19th January 2023 of the Civil Court (Family Section), in the records of the Application in the names Marita Bernardette Camilleri vs Alexander Camilleri, Application Number 566/2022JPG, the following publication was ordered for the purpose of effecting service on the respondent Alexander 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 Marita Bernardette Camilleri (ID 0401994M previously 20717A) vs Alexander Camilleri (ID 149378M), filed in the Civil Court (Family Section), on the 26th October 2022, the applicant Marita Bernardette Camilleri (ID 0401994M previously 20717A) requested this Honourable Court to:
1. Pronounce the dissolution of marriage between the parties; and
2. Order the Registrar of Courts so that within the time given by this same Honourable Court, he notifies the Director Public Registry about the divorce of the parties so that this is registered in the Public Registry.
Applicant: Corsaire Crt, Flat 9, Triq il-Qawwara, Marsaskala.
Notification respondent: Blk B, 6, Alsil, Triq Gregorio Carafa, Mtarfa.
The Application in the names Marita Bernardette Camilleri vs Alexander Camilleri, Application Number 566/2022JPG has been postponed for hearing to the 13th March, 2023 at 9.30 a.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 560
560By decree issued by the Civil Court, First Hall, Constitutional Jurisdiction, on 07th December 2022, in the acts of Constitutional Application No. 544/2022ISB which was presented on 12th October 2022, in the names: Scicluna Marshall Marcus et Vs Attard Lorenza et, the following publication was ordered, pursuant to Article 187(3) et seq. of Chapter 12 to serve as a notification against the respondent. The applicant asked this Honorable Court to, among others: Orders the respondent or any of them to pay the plaintiff the same compensation and pecuniary and non-pecuniary damages as liquidated, with legal interest until the date of effective payment. With costs.
The Constitutional Application in the names mentioned above is postponed to 8th March, 2023
Notification Respondent: Attard Lorenza, 22, Flat 1, Triq il-Foss, Birgu.
Register of the Superior Courts, today 06th March 2023.
CARMEL ABELA, M.SC. IN MANAGEMENT. D.P.A.; DIP. LAWS OF PROCED. (MELIT.)
For the Registrar, Civil Courts and Tribunals
Notice 561
561By a decree issued by the Civil Court, First Hall, on 01st February 2023, in the acts of the Sworn Application No. 979/20NC in the names: Bajada nèe Busuttil Diana Vs Deputy Curators, was ordered the following publication, pursuant to Article 187(3) et seq. of Chapter 12 to serve as a notification against the respondent. The applicant asked this Honorable Court to, among others: It is respectfully requested, the issuance of a warrant to summon witnesses in the aforementioned case against the person mentioned hereunder.
The Sworn Application in the names mentioned above is postponed to 13th April, 2023, at 12.00 p.m.
Notification Respondent: Bajada Maria, 47, Casa Maria. Sir Michelangelo Refalo Avenue, Ħal Balzan.
Register of the Superior Courts, today 6th March, 2023.
CARMEL ABELA. M.Sc. IN MANAGEMENT. D.P.A.; DIP. LAWS OF PROCED. (MELIT.)
For the Registrar, Civil Courts and Tribunals
Notice 562
562Banns for Curators
Republic of Malta
To the Marshall of the Court
By means of a decree given by this Court on the 13th June, 2022, following a request by Francis sive Frank Spiteri et it was ordered that deputy curators be chosen to represent the owners who have the directus dominus and the sub- directus dominus or their successors in title in the acts of the schedule of deposit number 1074/2022 in the names Francis sive Frank Spiteri et vs Deputy Curators and in the other relative and subsequent acts.
By means of a schedule of deposit and concurrent redemption of ground rent number 1074/2022 in the names Francis sive Frank Spiteri, pensioner, son of Joseph Spiteri and Lilian Spiteri nèe Bonett, born in Pietà and residing in Mellieħa (ID 0478056M) and Josephine sive Jennifer Spiteri, wife of Francis sive Frank Spiteri, daughter of Lawrence Agius and Mary Agius nèe Zammit, born in Gżira and residing in Mellieħa (ID 369657M) vs deputy curators to represent the owners who have the directus dominus and sub-directus dominus or their successors in title filed in the First Hall of the Civil Court on the 9th June 2022, the applicants Francis sive Frank Spiteri (ID 0478056M) et respectfully submitted:
That the applicant Francis sive Frank Spiteri, acquired by title of donation from his parents the premises and that is the flat number 7 in Triq Belvedere, Gżira, which block is named Rohan Buildings, subject to the annual and perpetual groundrent and subgroundrent of €3.31 as better described in the contract published in the acts of Notary Dr Angele Rapa dated 2nd April 2018 (Doc A).
That the said property is marked on the site plan here attached and marked as Doc B.
That the applicants are filing this schedule of deposit to redeem the groundrent on the property above described.
That the directus dominus and/or the sub directus dominus, or their successors in title are unknown and thus they are going to be represented in this schedule of deposit by deputy curators.
That the applicants are availing themselves from the option given to them by means of Article 1501 of the Civil Code (Chapter 16) and redeem the same groundrent as stipulated in the same Law.
That the amount of €3.31 capitalised at the rate of 5% amounts to €66.20;
That the applicants are depositing the amount of €16.55 as groundrent arrears;
That in order to comply with the provisions of the law, the applicants are depositing the amount of €3.31 representing the laudemium.
Thus, in order for the applicants to redeem the groundrent imposed on the said land as premised, they are requesting this Honourable Court and under its authority are depositing the total amount of €86.06 so that this amount will be freely withdrawn after leaving the relative receipt according to law.
Applicants: 42, Flat 4, Bay Watch Flat, Triq it-Tumbrell, Mellieħa.
Notification: 1. Deputy curators;
2. Director Public Registry, Public Registry, Valletta.
You are therefore ordered to affix an official copy of these banns 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 these banns, you are to inform forthwith this Court.
Given by the Civil Court First Hall, above mentioned, with the witness of the Hon. Mr Justice Ian Spiteri Bailey LL.D., Doctor of Laws.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals\
Notice 563
563NOTICE BY THE REGISTRY OF THE CIVIL COURT, FIRST HALL
Whereas Tiana Hayley Ivins Spiteri sive Tiana Hayley Ivins (ID No: 129994M) filed an application (No 178/2023JVC) demanding the CORRECTION of the ACT of BIRTH No: 129/1994 in the Public Registry.
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 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 application under oath, of the day which will be appointed for the hearing of the case.
By order of the Court,
Cora Catania
For Registrar, Civil Courts and Tribunals
Notice 564
564By means of a decree delivered by the Constitutional Court on 26th January 2023, in the records of Appeal Application No. 534/2021 in the names G.R.A.P. Limited (C 11038) vs The State Advocate and Joseph Brincat (K.I. 262362M), it ordered the following publication in regard to the said Joseph Brincat pursuant to section 187(3) et sequitur of Chapter 12 of the Laws of Malta.
Whereas by means of a Constitutional Appeal Application by G.R.A.P. Limited (C 11038) the latter felt aggrieved by the judgment of 14 October 2022 of the First Hall of the Civil Court (Constitutional Jurisdiction) which decided this case by refraining from taking further cognizance of the claims by the applicant company and this in view of the lack of evidence in support of them, with the costs to be borne by the applicant company and the appellant is therefore interposing this appeal against it. Whereas the grievance is clear and manifest and consists in the fact that the applicants brought the best evidence so much that they presented a copy of the relative acquisition contracts, besides that the respondent Brincat confirmed in his reply that he pays rent to the applicants who have been recognized by him as the owners. The respondents failed to execute the maxim reus in excipiendo fit actor and therefore the plea remains a mere allegation without the support of proof from the respondentsʼ allegations.
Therefore, the appellants, while making reference to all the evidence produced before the First Court, and while reserving to produce all the evidence allowed to them according to the law, are asking this Honourable Constitutional Court to revoke the judgment delivered by the First Hall of the Civil Court (Constitutional Jurisdiction) on 14th October, 2022 and instead proceed to grant the plaintiffsʼ claims while rejecting all the pleas of the appealed respondents and liquidate the pecuniary damages in the amount of not less than Eur 34,559.92c, or another higher sum, in addition to non-pecuniary damages amounting to at least Eur 10,000, globally amounting to Eur 44,559.92c.
With the costs of the two instances against the respondent and the State Advocate.
Notification: Joseph Brincat, 31, Triq is-Sajjieda, Marsa.
Dr. Franco Bondin LL.D., M.Jur.
For the Registrar, Civil Courts and Tribunals
Notice 565
565By means of a decree delivered by the Court of Appeal (Inferior Jurisdiction) on 12th December, 2022, in the records of Appeal Application No. 192/2019 in the names Marino Paolucci (ID nru 48697A) vs Ocean Way Company Ltd (C 11580), the court ordered the following publication in regard to Ocean Way Company Ltd pursuant to section 187(3) et sequitur of Chapter 12 of the Laws of Malta.
By means an Appeal Application No. 192/2019 filed on the 21st October 2022 in the names mentioned above, Marino Paolucci felt aggrieved by a judgment delivered by the Small Claims Tribunal on 5th October, 2022 and is thus interposing an appeal against it before this Honourable Court.
Whereas the appellantʼs grievances consist of (1) the said Tribunal decided to consider the plaintiffʼs claim for payment of transport costs as time-barred; (2) the Tribunal erroneously reduced the sum claimed as legal and judicial costs; (3) the Tribunal erroneously arrived at the amount of storage costs and how they should have been borne; (4) the Tribunal wrongly decided the counter-claim by the defendant society wherein it accepted the claim proposed by it and condemned the plaintiff/appellant to pay it the sum of three thousand and five hundred euro (3,500) on the basis of equity.
Therefore, the appellant humbly requests that this Honorable Court reforms the appealed judgment by, in relation to the claim proposed by the plaintiff, accepting it in its entirety and in relation to the counter-claim by the defendant company, it dismisses the same claim with costs of both instances against the defendant company.
Appeal Application No. 192/2019 in the names Marino Paolucci vs Ocean Way Company Ltd is deferred to the 15th March, 2023 at 11.30 am
Notifcation: Ocean, Triq is-Siegħ, Swieqi SWQ 2400
Dr. Franco Bondin LL.D., M.Jur.
For the Registrar, Civil Courts and Tribunals
Notice 566
566ARB/C009/2023 – FREEZING ORDER
IT IS BEING NOTIFIED that by a decree dated 22nd February, 2023 given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry – (Magistrate Dr Natasha Galea Sciberras LL.D.) which was confirmed by decree dated 27th February, 2023 given by the same Court – (Magistrate Dr Natasha Galea Sciberras LL.D.). Compilation Number 113/2023, in the case:
The Police
(Inspector Mark Anthony Mercieca)
(Inspector John Leigh Howard)
Versus
KANE GRIMA, unemployed, 27 years, son of Daren Grima and Graziella Grima née Magri, born in Pietà, Malta on the 6th August, 1995 and residing at 18, Flat 3, Triq San Ġużepp, Valletta and holder of Maltese Identity Card bearing number 333095M.
ORDERED the attachment in the hands of third parties in general of all moneys and other movable property due to or pertaining or belonging to KANE GRIMA and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property, and this in terms of Article 22A of the Dangerous Drugs Ordinance, Chapter 101 of the Laws of Malta and Article 23A of the Criminal Code, Chapter 9 of the Laws of Malta.
The Court AUTHORIZED the said accused to receive the amount of thirteen thousand, nine hundred and seventy-six Euro and twenty-four cents (€13,976.24) per year, provided that the Court is to determine from where these moneys may be perceived or received by the accused, after the submission of an appropriate note by him.
Any person who acts in contravention of the court order mentioned in Article 22A and Article 23A referred to above shall be guilty of an offence and shall on conviction be liable to a fine (multa) not exceeding eleven thousand, 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.
Mr Anton Sevasta
Director, Asset Recovery Bureau
Notice 567
567ARB/C008/2023 – FREEZING ORDER
IT IS BEING NOTIFIED that by a decree dated 3rd March, 2023 given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry – (Magistrate Dr Rachel Montebello LL.D.). Compilation Number 178/2023, in the case:
The Police
(Inspector John Leigh Howard)
(Inspector Mark Anthony Mercieca)
Versus
PATRICK MERCIECA, director, 43 years, son of Carmelo Mercieca and Maria Concetta Mercieca née Aquilina, born in Pietà, Malta on the 23rd June, 1979 and residing at 41, ʼSilhouetteʼ, Triq il-Pellegrinaġġ tar-Roti, Żabbar and holder of Maltese Identity Card bearing number 304779M.
ORDERED the attachment in the hands of third parties in general of all moneys and other movable property due to or pertaining or belonging to PATRICK MERCIECA and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property, and this in terms of Article 22A of the Dangerous Drugs Ordinance, Chapter 101 of the Laws of Malta, and Article 23A of the Criminal Code, Chapter 9 of the Laws of Malta.
The Court AUTHORIZED the said accused to receive the amount of thirteen thousand, nine hundred and seventy-six Euro and twenty-four cents (€13,976.24) per year, after the accused indicates with a note from where he is perceiving this money.
Any person who acts in contravention of the court order mentioned in Article 22A and Article 23A referred to above shall be guilty of an offence and shall on conviction be liable to a fine (multa) not exceeding eleven thousand, 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.
Mr Anton Sevasta
Director, Asset Recovery Bureau
Notice 568
568ARB/C049/2022 – VARIATION OF SEIZING AND FREEZING ORDER
IT IS BEING NOTIFIED that by a decree dated 28th February, 2023 given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry – (Magistrate Dr Donatella Frendo Dimech LL.D.). Compilation Number 401/2022, in the case:
The Republic of Malta
Versus
MARIO DEGIORGIO, pensioner, 65 years, son of the late Lewis and the late Josephine née Bezzina, born in Marsa, Malta on the 11th May, 1957, and residing at ʼDe Portʼ, Flat 4, Triq Stiefnu Zerafa, Marsa and holder of Maltese Identity Card bearing number 371757M.
The Court AUTHORIZED the accused MARIO DEGIORGIO to withdraw his pension from the bank account in which the pension is being received, and this up to the maximum amount permitted by law according to the seizing and freezing order issued against the accused.
This variation is being published in terms of Article 5 (3) of the Prevention of Money Laundering Act, Chapter 373 of the Laws of Malta, and Article 36 (4) of the Proceeds of Crime Act, Chapter 621 of the Laws of Malta, following a seizing and freezing order which decree was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Rachel Montebello LL.D.) on the 26th July, 2022 which was published in the Government Gazette on the 29th July, 2022 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 MARIO DEGIORGIO.
Mr Anton Sevasta
Director, Asset Recovery Bureau
Notice 569
569ARB/C057/2020 – VARIATION OF A FREEZING ORDER
IT IS BEING NOTIFIED that by a decree dated 4th January, 2023 given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry – (Magistrate Dr Donatella Frendo Dimech LL.D.). Compilation Number 644/2020, in the case:
The Republic of Malta
Versus
DARREN DEBONO;
JEFFREY CHETCUTI, fisherman, 48 years, son of Saviour Chetcuti and Hilda Chetcuti née Bonsfield, born in Pietà, Malta on the 22nd April, 1974, and residing at 18, Triq Dun Pawl Micallef, Rabat, Gozo, and holder of Maltese Identity Card bearing number 215774M.
World Water Fisheries Limited;
Andrea Martina Limited;
Marie De Lourdes Company Limited;
and
Coast Limited;
The Court AUTHORISES the accused JEFFREY CHETCUTI to deposit salary in the amount as permitted by law into the bank account ending in -5401 held at the Bank of Valletta plc, and which is listed in the name of the accused together with another third party. That the following payments shall be carried out as authorised through the decree issued by the Criminal Court dated 8th June, 2021:
a) Payments for home loan account ending in -7659 held at the Bank of Valletta plc in the amount of €624.39 monthly;
b) Payments for business loan account ending in -2920 held at the Bank of Valletta plc in the amount of €305 monthly;
c) Payments of the insurance policy with reference number AP007932 held by MAPFRE MSV Life plc in the amount of €74.46 monthly;
d) Payment of childrenʼs plan with reference number 112-001260 held by the HSBC Life Assurance (Malta) Ltd in the amount of €48.92 monthly;
This variation is being published in terms of Section 5 (3) of the Prevention of Money Laundering Act, Chapter 373 of the Laws of Malta, following a freezing order which decree was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Rachel Montebello LL.D.) on the 24th November, 2020 which was published in the Government Gazette on the 1st December, 2020 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 Darren Debono, JEFFREY CHETCUTI, World Water Fisheries Limited, Andrea Martina Limited, Marie De Lourdes Company Limited, and Coast Limited.
Mr Anton Sevasta
Director, Asset Recovery Bureau