Court Notices published in Government Gazette No.21,273 of 21st June 2024

ARB/C039/2024 – SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 13th June, 2024, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Rachel Montebello, LLD). Compilation Number 380/2024, in the case:

The Republic of Malta

Versus

JOSEPH MUSCAT;

KONRAD MIZZI;

KEITH SCHEMBRI;

CLARENCE JOHN CONGER-THOMPSON;

CHRISTOPHER SPITERI;

JONATHAN VELLA;

DAVID-JOSEPH MELI;

IVAN VASSALLO;

MARIO VICTOR GATT, general manager, 58 years, son of the late John Gatt and the late Mary Gatt née Portelli, born in Tal-Pietà, Malta, on the 6th November, 1965, and residing at 154, Triq Fleur-De-Lys, Birkirkara, and/or 42, Triq il-Qalb ta' Ġesù, Birkirkara, and holder of Maltese identity card bearing number 523365M.

BRIAN BONDIN;

ADRIAN HILLMAN;

PIERRE SLADDEN;

BRIAN TONNA;

KARL CINI;

SCIACCA GRILL LIMITED;

KASCO ENGINEERING COMPANY LIMITED;

FSV LIMITED;

MTRACE PLC;

GATEWAY SOLUTIONS LIMITED;

TECHNOLINE LIMITED, incorporated with the name Medical Technology Services Ltd on the 15th November, 1978 with Maltese registration number C 4250 and registered address at 51, Triq Edgar Bernard, Gżira, Malta.

EURYBATES LIMITED;

TAOMAC LIMITED;

AND

NEXIA BT LIMITED;

The Court AUTHORISES the accused MARIO VICTOR GATT to perceive the amount established by the Minister by order in the Government Gazette of Malta No. 21,191 through Legal Notice 31 of 2024 – Establishment of Maximum Amount which may be Released to Persons who are Subject to Attachment Orders or to Seizing and Freezing Orders under the Proceeds of Crime Act Order, 2024, of twenty-one thousand, nine hundred and forty-five Euro (€21,945) annually as the maximum amount. That this payment shall be made from the funds deposited into the bank account registered in the name of the accused ending in -3707 and held at the Bank of Valletta plc, which account the Court AUTHORISES to receive the salary of the accused MARIO VICTOR GATT from the accused TECHNOLINE LIMITED, as mentioned in the decree dated 13th June, 2024.

This variation is being published in terms of Article 36 (5) 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 Rachel Montebello, LLD) on the 28th May, 2024, which was published in the Government Gazette on the 4th June, 2024, 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 Joseph Muscat, Konrad Mizzi, Keith Schembri, Clarence John Conger-Thompson, Christopher Spiteri, Jonathan Vella, David-Joseph Meli, Ivan Vassallo, MARIO VICTOR GATT, Brian Bondin, Adrian Hillman, Pierre Sladden, Brian Tonna, Karl Cini, Sciacca Grill Limited, Kasco Engineering Company Limited, FSV Limited, MTrace plc, Gateway Solutions Limited, TECHNOLINE LIMITED, Eurybates Limited, Taomac Limited, and Nexia BT Limited.

Mr Anton Sevasta

Director, Asset Recovery Bureau

By decree given by the Civil Court, First Hall on the 23rd February, 2024, on the application of HSBC Bank Malta plc (C3177), Thursday, 5th September, 2024, at half past ten in the morning (10.30 a.m.), has been fixed for the sale by auction, to be held in Room number 78, nearby the Court Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

The flat internally numbered number two (2) forming part of a block of three flats unnumbered, named 'Lake View' previously Bellview, in Triq is-Sallur previously Triq il-Gardell in Marsaskala, which block was built on plot number three (3) of the land known as 'Ta' Sinis' sive 'Tal-Baħar', and which plot is subject to annual and perpetual ground rent of eight Maltese liri and thirty three cents and 3 mille cents (Lm8.33.3) today equivalent to nineteen euro and forty one cents (€19.41) the rest free and unencumbered. The block is bounded on the North with the said street, West by property of Felix Abela and East by property of Norman Buckle or his successors in title.

The flat is situated at street level and is underlying and overlying to third parties property and it has in common with the other flats the drainage systems together with a relative share of the common parts of the block and including with it has a divided portion of the roof of the block of approximately fifty four square meters (54m²) and it is that part of the roof facing on Triq is-Sallur and belongs to spouses Bonnici and built on this portion has two unnumbered washrooms which one belongs to spouses Bonnici and the other to third parties and valued at two hundred and twenty five thousand euro (€225,000).

The said tenement is the property of Duncan Bonnici (ID 236073M) and Marica Bonnici (ID 63074M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 8/24.

Marvic Farrugia

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court, First Hall, Constitutional Jurisdiction, on the 22nd April, 2024, in the records of Constitutional Application number 95/2024MH, which was filed on the 27th February, 2024, in the names: Schembri John Andrew Prof. et vs State Advocate et, the following publication was ordered, in terms of Article 187 (3) et sequitur of Cap.12 for the purpose of service of the respondents. The applicant asked this Honourable Court to, among others: Condemn the respondents, or either of whom, to pay the same compensation and damages liquidated to the applicants in terms of Law. With costs against the respondents, who are now summoned so that a reference to their evidence be made.

The Constitutional Application in the names mentioned above is postponed to 4th October, 2024, at 9.30 a.m.

Notify Respondent: Scalpello Victor, 53, Astra, Flat 3, Triq il-Bwieraq, Birkirkara

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

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 14th June, 2024, of the Civil Court (Family Section), in the records of the Warrant of Prohibitory Injunction restraining a person from taking a minor outside Malta in the names Stephania Ayad vs Majdeddin Ayad, Warrant number 48/2024 AL, the following publication was ordered for the purpose of effecting service on the respondent Majdeddin Ayad 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 Stephania Ayad (ID 0292679M) vs Majdeddin Ayad (ID 27234A, Libyan passport number 303946H) in the acts the Warrant of Prohibitory Injunction restraining a person from taking a minor outside Malta, filed in the Civil Court (Family Section), on the 5th April 2024, the applicant Stephania Ayad (ID 0292679M) respectfully requests this Honourable Court so:

That the applicant has an interest that the minor, hereinafter indicated, be not taken outside Malta;

That the respondent is the person having the legal or actual custody of the said minor;

Wherefore, the applicant respectfully requests that this Court orders the issue of a warrant of prohibitory injunction against the respondent's enjoining her not to take, or allow anybody to take, the said minor out of Malta;

Particulars of the minor: … omissis …

Applicant: Flat 1, 24, Arcadia, Triq is-Summiena, Fgura

Notification respondent: Flat 1, 24, Arcadia, Triq is-Summiena, Fgura

Civil Court (Family Section) – the Hon. Madame Justice Abigail Lofaro, LLD

The Court,

Saw the application,

Provisionally upholds the request for the period of thirty days from today up to thirty days from the date of notification of the respondent, on condition that if up until that date, the request for the issuance of this warrant would have been finally decided, this decree no longer remains applicable and if up until that date, the request would not have been finally decided, this Court will then give further directions.

The Court orders the notification of this decree to the counterparty who ought to reply within a week and appoints the application for hearing for the 30th April, 2024, at 9.45 a.m., which hearing was postponed to the 27th June, 2024, at 9.15 a.m. subject to notifying the parties and the competent authorites.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 15th May 2024 of the Civil Court (Family Section), in the records of the application in the acts of the sworn application number 32/24JPG in the names Adrian Aquilina vs Elaine Aquilina, the following publication was ordered for the purpose of effecting service on the respondent Elaine Aquilina in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

By means of a Sworn Application Number 32/2024JPG in the names Adrian Aquilina (ID 437369M) vs Elaine Aquilina (ID 53783M), filed in the Civil Court (Family Section), on the 27th February, 2024, the applicant Adrian Aquilina (ID 437369M) requested this Honourable Court to:

1. Appoint a children's Advocate to ensure that the best interests of the minors are being safeguarded;

2. Declare that due to grievous reasons as above explained, in the circumstances, the respondent is not fit to have custody of the minor children of the parties entrusted to her and this in terms of Article 56A of Cap. 16 of the Laws of Malta;

3. Completely prohibits the respondent from having access to the minor children of the parties and this because such access may be harmful to the welfare of the same minors and this in terms of Article 57 (3) of Cap. 16 of the Laws of Malta;

4. Vary the clause number 5e in the public deed dated 24th August, 2023, acts of Notary Dr Patricia Vella Haber as the care and custody be entrusted exclusively to the plaintiff and be declared that the stable residence of the minor children should be that of the plaintiff and no longer that of the respondent and this in terms of Article 61 (1) (2) of Cap 16 of the Laws of Malta and if necessary also experts be appointed to confirm the mental health of both the plaintiff and the respondent;

5. That without prejudice to the first, second and third demand if the plaintiff is given the care and custody of the minors, vary and or amend clause 6 in the public deed dated 24th August, 2023, in the records of Notary Dr Patricia Vella Haber whereby it is to be declared that the plaintiff shall no longer be obliged to revert in favour of the respondent any form of maintenance for the two minor children of €450 per month.

With costs, against the respondent who is from now summoned so that a reference to her oath be made.

The application in the names Adrian Aquilina vs Elaine Aquilina, Application number 32/2024JPG has been postponed for hearing to the 3rd July, 2024, at10.00 a.m.

Applicant: 13, Amadeus, Triq Ġorġ Borg, Swatar

Notification respondent: 3, Triq is-Sarsella Ħamra, Ħal Luqa

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 14th May, 2024, of the Rent Regulation Board, in the records of the Application in the names Saviour Sammut vs Carmen Zarb, Application number 84/2024JG, the following publication was ordered for the purpose of effecting service on the respondent Carmen Zarb 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 Saviour Sammut (ID 881546M) vs Carmen Zarb filed before the Rent Regulation Board, on the 21st February, 2024, the applicant Saviour Sammut requested this Honourable Board to:

1. Carry out the means test of the respondent, in terms of Article 4A(3)(c) of Cap. 69 and determine whether the same respondent meet the criteria for income and capital of the means test.

2. In the event that this Board finds that the respondent does not meet the criteria of the means test of income and capital:

a.  Dissolve the lease in favour of the respondent of the premises 1, Triq il-Qasira, Mosta,

b. give the respondent a period of time, not exceeding two years to vacate the premises and release its vacant possession in good condition in favour of the applicant,

c. establish the rent payable by the respondent to the applicant for the occupation of the premises during the said period,

d.  In the event that this Board find that the respondent meet the criteria of the means tests for income and capital, revise the rent payabel by the respondent regarding the premises 1, Triq il-Qasira, Mosta, for the amount of 2% per annum of the free and open market value of the premises from 1st January, 2024, and condemn the respondent to pay the applicant the higher rent as revised with the same current installments, or with different ways as this Board deems fit and opportune.

With costs against the respondent who is hereby summoned so that a reference to her oath be made and reserving any other competent action by the applicant, including for damages if the case may be.

Applicant: 112, Triq it-Torri, Il-Mosta

Respondent: 1, Triq il-Qasira, Mosta

Housing Authority

The application in the names Saviour Sammut vs Carmen Zarb, Application number 84/2024JG has been postponed for hearing to the 3rd July, 2024, at 9.15 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 20th May, 2024 of the Rent Regulation Board, in the records of the Application in the names Carmelo sive Charles Spiteri et vs Michael Marmarà, Application number 167/2024JG, the following publication was ordered for the purpose of effecting service on the respondent Michael Marmarà 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 Carmelo sive Charles Spiteri (ID 583735M), Yvonne Spiteri (ID 425542M) and Mary Ann Spiteri (ID 121639M) vs Michael Marmarà (ID 0311163M) filed before the Rent Regulation Board, on the 4th April, 2024, the applicant Carmelo sive Charles Spiteri (ID 583735M) et requested this Honourable Board to:

1. Declare and decide that the respondent Michael Marmarà (KI 031163M) is the tenant of the premises 162 previously 152, M'Anna, Triq in-Naxxar, Birkirkara, in terms of Cap. 158 of the Laws of Malta;

2. Order that the means test of the respondent Michael Marmarà (ID 031163M) be carried out which shall be based on the means test established in the Rules of the Continuation Tenancies (Means Testing Criteria issued in terms of Article 1531F and 1622A of the Civil Code) and any regulations which may from time to time replace them, which means test shall be based on the income of the respondent Marmarà between the 1st January and the 31st January, 2023, and on the capital of the same respondent of the 31st December, 2023;

3. Declare and decide that in terms of Act XXIV of 2021 the rent shall be revised to an amount not exceeding 2% per annum of the free and unencumbered open market value of the premises 162 previously 152, M'Anna, Triq in-Naxxar, Birkirkara, and to establish new conditions regarding the lease and in case the respondent Marmarà does not satisfy the criteria of income and capital of the means test, the respondent Maramarà will be given a peremptory time to vacate the premises, besides a compensation payable to the applicants for the occupation of the same premises during the said period that amounts to double the rent that would be payable according to Article 12 and 12A of Cap. 158 of the Laws of Malta and this according to the rent which should have been valid in terms of Act X of 2009;

4. Order in case the respondent Michael Marmarà (KI 0311163M) does not satisfy the criteria of income and capital of the means test, the eviction of the same respondent Marmara from the premises 162 previously 152 M'Anna, Triq in-Naxxar, Birkirkara, within a short and peremptory time established by this Board after two years from the judgement so that the premises be vacated.

With costs and the defendant is summoned so that a reference to his oath be made, and saving and without prejudice to any other action that may be brought.

Applicant: Flat 4, Wilton Place, Triq Graham, Tas-Sliema

Notification: Michael Marmarà 162, M'Anna, Triq in-Naxxar, Birkirkara

Housing Authority

The application in the names Carmelo sive Charles Spiteri et vs Michael Marmarà, Application number 167/2024JG, has been postponed for hearing to the 3rd July, 2024, at 9.55 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 4th April, 2024, of the Rent Regulation Board, in the records of the Application in the names Francesca Saveria Borg vs Philippa Maria sive Phyllis Buttigieg et, Application number 95/2023CG, the following publication was ordered for the purpose of effecting service on the respondent Philippa Maria sive Phyllis Buttigieg 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 Francesca Saveria Borg (ID 579229M) and by means of a decree of the 4th April, 2024, the acts of the case were transferred on Monica Portelli because of the death of Francesca Saveria Borg vs Philippa Maria sive Phyllis Buttigieg (ID 1878332M) and  Housing Authority as intervener in the case  filed in the Rent Regulation Board, on the 23rd February, 2023, the applicant Francesca Saveria Borg (ID 579229M) and by means of a decree of the 4th April, 2024, the acts of the case were transferred on Monica Portelli because of the death of Francesca Saveria Borg requested this Honourable Board why it should not:

1. Revise the rent of the premises that the premises that is the house number 54, Triq Brighella, Santa Venera, rented to the respondent, by means of a lease before the 1st June, 1995, which rent today is of €527.43 per year, that is paid in advance every 1st January of each year with the next installment on the 1st January, 2024, and to the amount that does not exceed 2% of the value of the property in the free and unencumbered open market, on the 1st January, 2023, and to established new rent conditions and this in terms of Article 4A of Cap. 69 of the Laws of Malta; and

2. Subordinately and without prejudice to the first request, in case the respondent does not satisfy the criteria of income and capital of the means test in terms of law, permit the respondent to vacate from the said premises within two (2) years and this by a compensation for the occupation of the premises in favour of the applicants during this period as determined by this Honourable Board.

With costs against the respondent who is from now summoned so that a reference to her oath be made.

Applicant: 48, Reo, Triq il-Kanonku Bonnici, Ħamrun

Respondent: 54, Triq Brighella, Santa Venera

Housing Authority

The application in the names Francesca Saveria Borg vs Philippa Maria sive Phyllis Buttigieg et, Application number 95/2023CG, has been postponed for hearing to the 4th July, 2024, at 9.50 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree delivered, by the Court of Appeal, Inferior jurisdiction, on the 12th April, 2024, in the records of the Application number 8/2023 in the names Mark Laferla Jr vs the Planning Authority and the party joined in suit MGF Ltd, the following publication was ordered for the purpose of service of MGF Limited in terms of section 187 (3) et sequitur of Cap. 12.

By means of the Application for a New Trial by Mark Laferla Jr (KI 0392589M) filed on the 12th October, 2023, in the names premised, the applicant Mark Laferla feels that in the judgment dated 12th July, 2023 (Appeal number 8/2023), the Court of Appeal (Inferior jurisdiction) based it on error of law as it should have applied the meaning in section 2 of Cap 552 of the Laws of Malta, and also it should have applied section 9(f) of Cap 551 of the Laws of Malta; besides the judgment was also based on an error of law (if not also of fact) as explained in the application and also, it contains conflicting provisions so much so that the request for a new trial merits upholding.

Therefore, the applicant Mark Laferla is requesting this Court: i) to declare and decide that on the basis of the premised arguments there exist sufficient reasons for a new trial; ii) to cancel and annul the judgment of the Court of Appeal (Inferior jurisdiction) dated 12th July, 2023 in the names premised; and iii) to order the new trial of Appeal number 8/2023 with costs against the respondents.

Application number 8/2023 in the names Mark Laferla Jr vs Planning Authority et is deferred for hearing to the 26th June, 2024, at 10.00 a.m.

Notification: MGF Limited: Att. Matthew Farrugia, 22, Dar il-Frott, Triq Sun Ġużepp Xerri, St Julian's

Dr Franco Bondin, LLD, M. Jur.

For the Registrar, Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of the 1st September, 2023, the publication of the following extract was ordered for the purpose of service on the respondent Sebastiano Bonaccorso in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

Go plc (C 22334) of GO, Triq Fra Diegu, Marsa MRS 1501, filed a Claim on the 29th August 2023, whereby they asked the Tribunal to condemn Sebastiano Bonaccorso (ID 217655A) of Jeschrist, Flat 1, Triq il-Giżi, Fgura FGR 1042, to pay the plaintiff company the sum of €4026.26, which amount is due to the plaintiff company.

With costs and legal interests

The case (Claim number 301/2023CC) is deferred on the 1st July, 2024, at 12.30p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals