Court Notices published in Government Gazette No. 21,109 of 1st September 2023

Banns for Curators

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 23rd August, 2022, following a request by Eileen Debattista it was ordered that deputy curators be chosen to represent the all the respondents in the acts of the schedule of deposit number 1537/2022 in the names Eileen Debattista vs Deputy Curators and in the other relative and subsequent acts.

By means of a schedule of deposit and redemption of ground rent number 1537/2022 in the names of Eileen Debattista, housewife, widow of Alfred, daughter of Henry Bonnici and Emma Bonnici née Cachia, born in Hamrun on the 3rd September 1949 and residing at 11, Triq iż-Żagħfran, Ħ'Attard (ID 70849M) vs Deputy Curators to represent the successors in title of Rene Buttigieg, son of the late Doctor Filippo Nicolo Buttigieg and Erminia née Farrugia, born in Ħal Balzan and residing in Valletta; the successors in title of Joseph Lanzon, son of the late Lorenzo Lanzon and Lariana née Ellul, born in Valletta and residing in Tas-Sliema and of the unknown original direct owners, filed in the First Hall of the Civil Court on the 17th August, 2022, the applicant Eileen Debattista respectfully submitted:

That the applicant possesses the divided portion of land of the superficial area of about 119.57 square metres, accessible from Triq il-Ħafur, Ħ'Attard, bounded on the south by Triq il-Ħafur, on the north by property of the applicant or the successors in title free and unencumbered with all its rights and appurtenances, including the overlying airspace and including the subsoil, as subject to the annual and perpetual subgroundrent of €31.89/Lm13.65 otherwise free and unencumbered, with all its rights and appurtenances, marked on the site plan which is here attached and marked as Doc. A.

That originally the land was acquired by Grazio Debattista from Architect Rene Buttigieg by deed of Notary Paul Pullicino of the 13th June, 1973, Doc. B;

That for the purpose of further provenance the land mentioned forms part of a larger land which was granted by title of sub-emphyteusis by deed of Notary Antonio Carbonaro of the 14th December, 1959, by Joseph Lanzon in favour of Dr Joseph Alexander Herrera, Dr Frederick Fenech, Architect Rene Buttigieg and Gaston Buttigieg, Doc. C;

That the applicant wishes to avail herself of the faculty given to her in terms of Article 1501 of the Civil Code and redeem this same groundrent which thus amounts to €636.

Thus, the applicant is humbly calling upon this Honourable Court and under its authority is depositing the total sum of €795 representing €159 arrears of five (5) years sub-groundrent and €636 price of redemption of this annual and perpetual subgroundrent regarding the immovable above mentioned to be freely given to the owners, after leaving the due receipt.

Applicant, 11, Triq iż-Żagħfran, Ħ'Attard

Notification: Director Public Reġistru, Triq il-Merkanti, Valletta

Deputy Curators                        

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 Giannino Caruana Demajo, LLD, Doctor of Laws.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

ARB/C025/2020 – VARIATION OF A FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 23rd August, 2023, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Donatella Frendo Dimech, LLD). Compilation number 394/2020 in the case:

The Police

(Inspector Lianne Bonello)

Versus

ALDO CUTAJAR, public officer, 59 years, son of the late John and Maria Carmela née Cremona, born in Ħ'Attard, Malta, on the 28th May, 1964, residing at 345, Yintai, Triq San Pawl, Naxxar, and holder of Maltese identity card bearing number 297364M.

ISABEL CUTAJAR;

AND

GEMINI DESIGNS STUDIOS LIMITED.

The Court AUTHORISED the accused ALDO CUTAJAR to carry out payments for the renewal of the insurance policies and road licenses for the two vehicles registered in his name, as mentioned in the Court decree dated 23rd August, 2023. That these payments are to be carried out from the bank account listed in the name of the accused ending in -4322 and which is held at the Bank of Valletta plc.

This variation is being published in terms of Section 5 (3) of the Prevention of Money Laundering Act, Cap. 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 Josette Demicoli, LLD), on the 16th August, 2020, which was published in the Government Gazette on the 21st August, 2020, and following the extension of the freezing order which decree was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Donatella Frendo Dimech, LLD), on the 24th August, 2020, which was published in the Government Gazette on the 27th August, 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 ALDO CUTAJAR, Isabel Cutajar and Gemini Designs Studios Limited.

Mr Anton Sevasta

Director, Asset Recovery Bureau

ARB/C070/2021 – VARIATION OF SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 14th July, 2023 given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Natasha Galea Sciberras, LLD). Compilation Number 592/2021, in the case:

The Republic of Malta

Versus

JOSEPHINE BALDACCHINO, executive secretary, 50 years, daughter of John Baldacchino and Emily Baldacchino née Galea, born in Ħ'Attard, Malta, on the 22nd April, 1973, residing at 52, Triq il-Midbaħ, Mosta, and holder of Maltese identity card bearing number 201673M.

The Court AUTHORISED the accused JOSEPHINE BALDACCHINO to deposit her salary in its entirety into the bank account listed in her name ending in -6707 and which is held at the Bank of Valletta plc. That these salary deposits are to remain subject to the seizing and freezing order, whereby the amounts withdrawn by the accused shall not exceed the maximum amount permitted by law.

This variation is being published in terms of Article 5 (3) of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta, and Article 36 (4) of the Proceeds of Crime Act, Cap. 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 Lara Lanfranco, LLD) on the 14th September, 2021, which was published in the Government Gazette on the 28th September, 2021, 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 JOSEPHINE BALDACCHINO.

Mr Anton Sevasta

Director, Asset Recovery Bureau

ARB/C035/2023 – SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 28th August, 2023, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Leonard Caruana, LLD). Compilation Number 684/2023, in the case:

The Republic of Malta

Versus

ANTHONY GRECH, employee, 49 years, son of John and Rita née Agius, born in Tal-Pietà, Malta, on the 13th November, 1973, and residing at 2B, Madliena Ridge, Triq il-Madliena, Madliena, Swieqi, and holder of Maltese identity card bearing number 522173M.

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 ANTHONY GRECH and prohibits the accused from transferring, pledging, hypothecating or otherwise changing or disposing of any immovable or movable property owned or otherwise held by him, and this in terms of Article 5 of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta as made applicable by Article 23A(2) of the Criminal Code, Cap. 9 of the Laws of Malta, and Article 36 of the Proceeds of Crime Act, Cap. 621 of the Laws of Malta.

The Court AUTHORISED 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 (or the amount of six hundred euro (€600) every fifteen (15) days), from which it shall be specified what moneys may be paid or received by the accused during the existence of this order, including the source, method and other modalities of payments including salary, wages, pension and/or social security benefits. Provided that every financial entity is ordered to present a note by which it informs the Court in which account or from which account these moneys are taken.

Any person who acts in contravention of the court order mentioned in Article 5 and Article 36 referred to above shall be guilty of an offence and shall on conviction be liable to a fine (multa) not exceeding twelve thousand euro (€12,000), or to imprisonment for a period not exceeding twelve (12) 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

By means of a decree of the 25th August, 2023, in the First Hall of the Civil Courts in the records of the judicial letter number 3027/2023 in the names Bank of Valletta plc vs Raymonda sive Rienée Micallef noe et, the following publication was ordered for the purpose of effecting service on the respondents in terms of Article 187(3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To:

1. Raimonda sive Rienée Micallef (ID 766053M), in her own name and as heir of Dominic Micallef (ID 0524957 M);

2. Raimonda sive Rienée Micallef (ID 766053M) as joint debtor in the joint accounts between her and her husband Dominic Micallef (ID 0524957 M) who today died, with the interpellant, as well as heirs of the same Dominic Micallef (ID 0524957 M);

3. Guaranteed Limited (C29473) and Raimonda sive Rienée Micallef (ID 766053M), in her own name and as heir of Dominic Micallef (ID 0524957M) as joint and several guarantor of the balance due to the Bank by the same company;

4. Dominic Micallef (ID 0140181 M) and Raimonda sive Rienée Micallef (ID 766053M), in her own name and as heir of Dominic Micallef (ID 0524957M) as surety in solidum of the balances due to the Bank by the same Dominic Micallef (ID 0140181 M);

By the present company Bank of Valletta plc (C2833),

a) Refers to the payments made to you by the interpellant on the 18th November, 2021, and namely:

(i) the sum of: One hundred and eighty two thousand, five hundred and ninety one euro and sixty cents (€182,591.60) to the respondent Raimonda sive Rienée Micallef (ID 766053M) in her own name and as heir of Dominic Micallef (ID 0524957 M)

(ii) the sum of five hundred and fifty thousand, and six hundred and thirty four euro and nineteen cents (€550,634.19) to the respondent Raimonda sive Rienée Micallef (ID 766053M) as joint debtor in the joint accounts between her and her husband Dominic Micallef (ID 0524957 M), with the interpellant, as well as heir of Dominic Micallef (ID 0524957M) ) in the same joint accounts between her and between her husband Dominic Micallef (ID 0524957M)

(iii) the sum of two hundred eighty one thousand, nine hundred ninety three euro and ninety two cents (€281,993.92) to the respondent company Guaranteed Limited; and Raimonda sive Rienée Micallef (ID 766053M), in her own name and as heir of Dominic Micallef (ID 0524957M) as a joint and several guarantor of the balance due to the Bank by the same company, and

(iv) the sum of one hundred and ten thousand, five hundred and forty eight euro and twenty seven cents (€110,548.27) to Dominic Micallef (ID 0140181 M) and Raimonda sive Rienée Micallef (ID 766053M, in her own name and as heir of Dominic Micallef (ID 0524957M) as surety in solidum of the balance due to the Bank by the same Dominic Micallef (ID 0140181 M)

which were made in your accounts with the interpellant Banking company and which total the sum of one million, one hundred and twenty five thousand, seven hundred and sixty seven euro and ninety eight cents (€1,125,767.98).

b) Reiterates and affirms that those payments made to you were made by mistake and unduly, which payments unduly effected by the interpellant Bank were unduly received by you, when you were fully aware that you were not legally entitled to the said payments,

c) Submits and reminds you that these payments come from insurance policies with the company MAPFRE MSV LIFE p.l.c. which payments did not cover your debts, and namely, the debts of Dominic Micallef who had identity card number  (0524957M) who today passed away, but those of the respondent Dominic Micallef (son of the said deceased Dominic Micallef) and namely the respondent Dominic Micallef holder of identity card number (0140181M) and payable only by the same insurance company when and if certain events occur, which events have not yet occurred and are therefore not due, and

d) Therefore you are solicited so that, within two (2) days, you refund and pay back to the interpellant company the four tranches of money above mentioned, in paragraph a) which amount overall to one million, one hundred and twenty five thousand, seven hundred and sixty seven euro and ninety eight cents (€1,125,767.98) with interest from the date of the same undue payment of the 18th November, 2021, made by the Bank, and which you unduly and knowingly received from the interpellant Bank.

You are from now warned that, if you do fail to refund the four tranches of money above mentioned in paragraph a) within the time given to you, the Bank shall be constrained to pay MAPFRE (MSV LIFE) p.l.c., from its own money, the sum unduly paid by the same insurance company of one million, one hundred and twenty-five thousand, seven hundred and sixty-seven euro and ninety-eight cents (€1,125,767.98) and consequently proceed against you immediately according to law to recover the four trances above mentioned in paragraph (a) with interest from the 18th November, 2021, till the day of effective payment.

So much for your own guidance

With costs

Interpellant company: Bank of Valletta plc (C2833), 1/5, Misraħ San Ġorġ, Valletta VLT 1190

Respondents:

(i) Raimonda sive Rienée Micallef (ID 766053M), in her own name and as heir of Dominic Micallef (ID 0524957M)

'Sandringham', Triq Sir Ugo Mifsud, Ta' Xbiex

(ii) Raimonda sive Rienée Micallef (ID 766053M) as joint debtor in the joint accounts between her and her husband Dominic Micallef (ID 0524957 M) as well as heirs of Dominic Micallef (ID 0524957 M) in the same joint accounts

'Sandringham', Triq Sir Ugo Mifsud, Ta' Xbiex

(iii) guaranteed Limited (C29473) and Raimonda sive Rienée Micallef (ID 766053M), in her own name and as heir of Dominic Micallef (ID 0524957M) as surety in solidum of the balance due to the interpellant Bank by the same company

'Sandringham', Triq Sir Ugo Mifsud, Ta' Xbiex

(iv) Dominic Micallef (ID 0140181 M) and Raimonda sive Rienée Micallef (ID 766053M), in her own name and as heir of Dominic Micallef (ID 0524957M) as surety in solidum of the balance due to the Bank by the same Dominic Micallef (ID 0140181 M)

'Sandringham' Sir Ugo Mifsud Street, Ta 'Xbiex

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 9th March, 2023 of the Rent Regulation Board, in the records of the Application in the names Michelle Ellul vs Anthony Albanese Application number 860/2022JM, the following publication was ordered for the purpose of effecting service on the respondent Anthony Albanese in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

By means of an Application number 860/2022JM in the names Michelle Ellul (ID 427788M) vs Anthony Albanese (ID 616041M) filed before the Rent Regulation Board, on the 2nd November, 2022, the applicant Michelle Ellul requested with respect so that this Board:

1. Fix the rent on the basis of the criteria of Article 4A of Cap. 69 and this with effect from the date of the eventual judgement or any other date that this Board may fix;

2. Alternatively, in case the respondent does not meet the criteria of the means test order the eviction from the premises 6, Triq George Borg Olivier, St Julian's, in terms of Article 4A(4) Cap. 69 within two years and fix a compensation for the occupation and that has to be paid to the applicant for the occupation till the date of eviction.

With costs

Applicant: 25, Flat 6, Vincenti Buildings, Triq id-Dejqa, Valletta

 Respondent: Anthony Albanese, 6, Triq George Borg Olivier, St Julian's

Housing Authority

   The application in the names Michelle Ellul vs Anthony Albanese Application Number 860/2022JM has been postponed for hearing to the 15th November, 2023, at 9.00 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By decree issued by the Civil Court, First Hall, on the 11th July, 2023, in the acts of the Sworn Application number 540/2023AJD, which was presented on the 25th May, 2023, in the names: Seasport Ltd vs Micallef Dominic et, the following publication was ordered, pursuant to Article 187(3) et sequitur of Cap. 12 to serve as a notification against the respondent. The applicant asked this Honorable Court to, among others: Condemn and order the same respondents to jointly or otherwise pay the damages thus liquidated. With all costs against the respondents, who are now summoned so that a reference to their evidence be made.

The Sworn Application in the names mentioned above is postponed to 5th October, 2023, at 10.20 a.m.

Notification Respondent: Micallef Dominic, 106F, Triq l-Ifran, Valletta

SEG MBO Ltd, SEG Holding Ltd, SEG Concessions Ltd, 16B, Main Street, Ħ'Attard

CARMEL ABELA, M.SC. IN MANAGEMENT, DPA, DIP. LAWS OF PROCED. (MELIT.)

For the Registrar, Civil Courts and Tribunals