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Court Notices published in Government Gazette no 21,307 of 30th August 2024

Date Icon 30/08/2024

Notice 1875

1875

By means of a decree delivered, by the Court of Appeal, Superior Jurisdiction, on the 23rd May, 2024, in the records of the Application number 114/20 in the names Sterling Car Rentals Limited (C9362) vs Erick Lim Van Egeraat (Dutch passport NPCL7K585) and Metropolis developments Limited (C35533), the following publication was ordered for the purpose of effecting service on Metropolis Developments Limited in terms of section 187(3) et sequitur of Cap. 12.

By means of the Application of Appeal number 114/20 filed on the 5th March, 2024, in the names premised, the appellant company Sterling Car Rentals Limited felt aggrieved by the judgment dated 6th February, 2024, by the First Hall Civil Court whereby it declared that the plaintiff's demands were prescribed by the lapse of eighteen (18) months in terms of section 2148(f) of the Civil Code, and thus dismissed the demands as brought forward, and this appeal is being made on the basis of six grounds, namely: (1) non-compliance with section 2160 (1) of the Civil Code; (2) incorrect application of section 2148 (f) of the Civil Code; (3) a line of defense incompatible with the plea of prescription; 4) misinterpretation of the penalty clause; 5) the suspension of prescription in terms of section 2125 (d) of the Civil Code; and 6) the judicial letter 1816/2019 was ignored by the Court of First Instance.

Therefore, the appellant company respectfully requests that this Honourable Court cancels and revokes the appealed judgment in the premised names for the reasons explained in this application and decides the cause by upholding the plaintiff's demands contained in the original application of the 6th February, 2020, and dismissing all the respondents' pleas with costs against them.

Notification: Metropolis Developments Ltd, Metropolis Plaza, Triq Testaferrata, Ta' Xbiex XBX 1402

Dr Franco Bondin, LLD, M. Jur.

For the Registrar, Civil Courts and Tribunals

26 Awwissu 2024

Notice 1876

1876

ARB/C049/2024 – SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 19th August, 2024, given by the Criminal Court (Hon. Madame Justice Dr Edwina Grima, LLD). In the case:

The Republic of Malta

Versus

SHAUKAT ALI CHAUDRY (also known as SHAUKAT ALI CHAUDHRY), consultant, 73 years, son of the late Chaudharu Abdl Ghafoor and the late Amna Bibi, born in Nankana Sahib, Pakistan on the 19th March, 1951, and residing at T9F8, Tigné Point, Tas-Sliema, and holder of expired Maltese identification document bearing number 106666A and Maltese identity card bearing number 320515L.

GLOBAL ASSETS HOLDINGS LIMITED, incorporated on the 26th June, 2010, with Maltese registration number C50018 and registered address at Abacus Suite 2, Psaila Street, Santa Venera, Malta, and/or 78, 'Crossbow House', Cospicua Road, Paola, Malta.

AND

MOUNT EVEREST FZ LLC, with Dubai licence number 6416/2025.

The Court ORDERED the attachment of any property in the hands of third parties for which there is reasonable cause to believe that the property is subject to confiscation, and is restraining and prohibiting the accused SHAUKAT ALI CHAUDRY (also known as SHAUKAT ALI CHAUDHRY), GLOBAL ASSETS HOLDINGS LIMITED and MOUNT EVEREST FZ LLC from transferring, pledging, hypothecating, or otherwise changing or disposing of any such property and of such other property owned by them or being in their possession up to the limit of:

Thirty million euro (€30,000,000) with regards to the accused SHAUKAT ALI CHAUDRY (also known as SHAUKAT ALI CHAUDHRY);

Three hundred and forty thousand euro (€340,000) with regards to the accused GLOBAL ASSETS HOLDING LIMITED;

Five million euro (€5,000,000) with regards to the accused MOUNT EVEREST FZ LLC;

and this in terms of Article 36 (1) and Article 36 (4)(a) of the Proceeds of Crime Act, Cap. 621 of the Laws of Malta.

Any person who acts in contravention of the court order mentioned in Article 36 (1) and Article 36 (4)(a) 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.

That this notice is being reissued since the Temporary Freezing Order given by means of a decree dated 3rd July, 2024, has been converted into a Seizing and Freezing Order through a decree dated 19th August, 20204 given by the Criminal Court presided by Hon. Madame Justice Dr Edwina Grima, LLD.

Mr Anton Sevasta

Director, Asset Recovery Bureau

26 Awwissu 2024

Notice 1877

1877

ARB/C051/2024 – SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 19th August, 2024, given by the Criminal Court  (Hon. Madam Justice Dr Edwina Grima, LLD). In the case:

The Republic of Malta

Versus

AASIA PARVEEN SHAUKAT, housewife, 52 years, daughter of Gusasib Hussain and the late Khurshib, born in Pakistan on the 28th June, 1972, and residing at T9F8, Complex C, Tigné Point, Tas-Sliema, and holder of Maltese identification document bearing number 60627A.

OMISSIS;

AND

OMISSIS;

The Court ORDERED the attachment of any property in the hands of third parties for which there is reasonable cause to believe that the property is subject to confiscation, and is restraining and prohibiting the accused AASIA PARVEEN SHAUKAT from transferring, pledging, hypothecating, or otherwise changing or disposing of any such property and of such other property owned by her or being in her possession up to the limit of twenty million euro (€20,000,000), and this in terms of Article 36 (1) and Article 36 (4)(a) of the Proceeds of Crime Act, Cap. 621 of the Laws of Malta.

Any person who acts in contravention of the court order mentioned in Article 36 (1) and Article 36 (4)(a) 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.

That this notice is being reissued since the Temporary Freezing Order given by means of a decree dated 3rd July, 2024, has been converted into a Seizing and Freezing Order through a decree dated 19th August, 20204 given by the Criminal Court presided by Hon. Madame Justice Dr Edwina Grima, LLD.

Mr Anton Sevasta

Director, Asset Recovery Bureau

26 Awwissu 2024

Notice 1878

1878

ARB/C021/2024 – VARIATION OF A FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 12th August, 2024, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Elaine Rizzo, LLD). Compilation Number 160/2024, in the case:

The Police

(Inspector Alfredo Mangion)

Versus

RODNEY JOSEPH ANGELO DE GABRIELE, unemployed, 58 years, son of the late Anthony De Gabriele and Anna De Gabriele née Camilleri, born in England on the 13th July, 1966, without a fixed address in Malta and holder of Maltese identity card bearing number 609282M.

The Court AUTHORISES the Notary Dr Bartholomew Micallef to proceed with publishing and registering the contract of sale of the property situated in Swieqi for the price of €245,000; and AUTHORISES the Public Registry to register the same contract of sale.

The Court further AUTHORISES the bank that shall lend the money to the buyers, as well as the buyers themselves, to transfer funds in favour of the accused RODNEY JOSEPH ANGELO DE GABRIELE for his share of the sale of this property. That these funds shall be deposited with the Registry of the Criminal Courts and Tribunals and shall remain subject to the freezing order issued against the accused. For this purpose, the Court EXTENDS the task given to Dr Robert Musumeci to ensure the terms of the decree dated 12th August, 2024, are observed in their entirety, particularly to ensure that the funds received by the accused from selling this property are deposited with the Registry of the Criminal Courts and Tribunals so that they remain frozen.

This variation is being published in terms of Article 36 (5)(b)(iii) of the of the Proceeds of Crime Act, Cap. 621 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 Leonard Caruana, LLD) on the 26th February, 2024, which was published in the Government Gazette on the 15th March, 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 RODNEY JOSEPH ANGELO DE GABRIELE.

Mr Anton Sevasta

Director, Asset Recovery Bureau

26 Awwissu 2024

Notice 1879

1879

ARB/C001/2024 – VARIATION OF A SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 23rd April, 2024, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Elaine Rizzo, LLD). Compilation Number 16/2024, in the case:

The Police

(Inspector Nico Zarb)

(Inspector Jonathan Pace)

Versus

TRISTAN CARTER, unemployed, 25 years, son of Phillis Carter née Carter, born in Tal-Pietà, Malta, on the 8th November, 1998, and residing at 5, Flat 3, Lumiere Court, Triq il-Kuluvert, Fgura, and holder of Maltese identity card bearing number 418098M.

The Court AUTHORISES the accused TRISTAN CARTER to perceive and withdraw the amount of thirteen thousand, nine hundred and seventy-six euro and twenty-four cents (€13,976.24) annually as the maximum amount, from the salary which the accused receives in the bank account registered in his name ending in -9001 and held with the HSBC Bank Malta plc.

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 Joseph Gatt, LLD) on the 5th January, 2024, which was published in the Government Gazette on the 9th January, 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 TRISTAN CARTER.

Mr Anton Sevasta

Director, Asset Recovery Bureau

27 Awwissu 2024

Notice 1880

1880

ARB/C029/2021 – VARIATION OF A FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 26th July, 2024, given by the Criminal Court  (Hon. Madam Justice Dr Edwina Grima, LLD). In the case:

The Police

(Inspector Mark Anthony Mercieca)

(Inspector Alfredo Mangion)

Versus

MARIA CHRISTINA VASSALLO, public officer, 31 years, daughter of Claudio Caruana and Anabel (Anna) Caruana née Bugeja, born in Tal-Pietà, Malta, on the 17th March, 1993, and residing at 51, Tulips Complex, Flat 7, Triq Santa Katarina, Żurrieq, and holder of Maltese identity card bearing number 148893M.

The Court AUTHORISES the accused MARIA CHRISTINA VASSALLO to pay the amount of €5,643.73 owed on the credit card account in the name of the accused and held with the BNF Bank plc, together with any other payments that may be owed to the bank on the same debt. That this payment shall be carried out by a third party from the bank account held in their name with the Bank of Valletta plc directly into the mentioned credit card account held with the BNF Bank plc, as listed in the Court decree dated 26th July, 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 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 12th May, 2021, which was published in the Government Gazette on the 18th May, 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 MARIA CHRISTINA VASSALLO.

Mr Anton Sevasta

Director, Asset Recovery Bureau

27 Awwissu 2024

Notice 1881

1881

ARB/C042/2024 – VARIATION OF A SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 13th August, 2024, given by the Criminal Court  (Hon. Mister Justice Dr Neville Camilleri, LLD). In the case:

The Republic of Malta

Versus

GLENN BUHAGIAR, self-employed, 42 years, son of Vincent Buhagiar and Josette Buhagiar née Psaila, born in Tal-Pietà, Malta, on the 4th November, 1981, and residing at 'Marian', Triq il-Wied, Ħal Qormi, and holder of Maltese identity card bearing number 620781M.

AND

JASMINA BUHAGIAR née RAKOVIC;

The Court AUTHORISES the accused GLENN BUHAGIAR to carry out the following payments as listed hereunder:

a) Payment for the renewal of the insurance policy with reference number 420-1150966 held by Elmo Insurance Limited, and the road license for the same vehicle in the amount of €119.00;

b) Payment for the renewal of the insurance policy with reference number 401-1109853 held by Elmo Insurance Limited, and the road license for the same vehicle in the amount of €482.50;

c) Payment for the renewal of the insurance policy with reference number 401-1000556 held by Elmo Insurance Limited, and the road license for the same vehicle in the amount of €653.30.

That these payments shall be carried out by a third party from the bank account held in their own name with the Bank of Valletta plc as listed in the application dated 9th August, 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 Leonard Caruana, LLD) on the 5th June, 2024, which was published in the Government Gazette on the 14th 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 GLENN BUHAGIAR and Jasmina Buhagiar née Rakovic.

Mr Anton Sevasta

Director, Asset Recovery Bureau

27 Awwissu 2024

Notice 1882

1882

ARB/C039/2024 – VARIATION OF A FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 13th August, 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;

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 C4250 and registered address at 51, Edgar Bernard Street, Gżira, Malta.

EURYBATES LIMITED;

TAOMAC LIMITED;

AND

NEXIA BT LIMITED;

The Court AUTHORISES the Court appointed administrator Dr Helga Buttigieg to receive the cheque book and debit card facilities in the name of the society TECHNOLINE LIMITED on the bank account registered in the name of the same society ending in -7105 and held at the Bank of Valletta plc; and this instead of the cheque book and debit card facilities authorised by means of the decree dated 18th June, 2024, on the bank account registered in the name of the mentioned society ending in -4854 and held at the Bank of Valletta plc.

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

26 Awwissu 2024

Notice 1883

1883

ARB/C039/2024 – VARIATION OF SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 12th August, 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;

BRIAN BONDIN;

ADRIAN HILLMAN;

PIERRE SLADDEN;

BRIAN TONNA, auditor, 59 years, son of the late Renald Tonna and Victoria Tonna née Portelli, born in Tal-Pietà, Malta, on the 14th June, 1964, and residing at 15, 'Delano Mansions', Flat 6, Triq Hurds Bank, Marsaskala, and holder of Maltese identity card bearing number 316764M.

KARL CINI, accountant, 49 years, son of Joseph Cini and Josephine Cini née Grima, born in St Julian's, Malta, on the 15th March, 1975, and residing at 2A, 'Hill Valley', Triq il-Gardell, San Ġwann, and holder of Maltese identity card bearing number 136975M.

SCIACCA GRILL LIMITED;

KASCO ENGINEERING COMPANY LIMITED;

FSV LIMITED;

MTRACE PLC;

GATEWAY SOLUTIONS LIMITED;

TECHNOLINE LIMITED;

EURYBATES LIMITED;

TAOMAC LIMITED;

AND

NEXIA BT LIMITED, incorporated with the name BT Advisory Services Limited on the 2nd March, 2009, with Maltese registration number C46322 and registered address at Office 1, Floor 4, Capital Business Centre, Entrance C, Triq Taż-Żwejt, San Ġwann, Malta.

The Court AUTHORISES the accused BRIAN TONNA to receive his salary whenever it is due to him from the accused NEXIA BT LIMITED and/or BTI Management Limited in the bank account registered in his name ending in -6311 and held at the Bank of Valletta plc, from which account the accused may 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.

The Court AUTHORISES the accused KARL CINI to receive his salary whenever it is due to him from the accused NEXIA BT LIMITED and/or BTI Management Limited in the bank account registered in his name ending in -0018 and held at the Bank of Valletta plc, from which account the accused may 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.

The Court further AUTHORISES the Court appointed administrator for the accused NEXIA BT LIMITED and BTI Management Limited, Dr Paul Darmanin, to pay the accused BRIAN TONNA and KARL CINI their salaries in their respective bank accounts whenever such payments are due, and this up to the limit of €21,945 as the maximum annual amount.

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

27 Awwissu 2024

Notice 1884

1884

ARB/C039/2024 – VARIATION OF A SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 8th August, 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;

BRIAN BONDIN;

ADRIAN HILLMAN;

PIERRE SLADDEN, self-employed, 56 years, son of Joseph Sladden and Spira Sladden née Grech, born in Ħ'Attard, Malta, on the 8th October, 1967, and residing at 169, Triq il-Knisja, Xgħajra, and holder of Maltese identity card bearing number 470767M.

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;

The Court AUTHORISES the accused PIERRE SLADDEN to carry out the following payments as part of the annual amount of €21,945 which the accused is entitled to perceive, from the bank account registered in the name of the accused ending in -9015 and held at the Bank of Valletta plc, as listed hereunder:

a) Payment for the renewal of the insurance policy with reference P17040148-21 held by Mulberry Insurance Brokers Limited in the amount of €655.09, together with the road license for the same vehicle and any other expenses related to the same renewal;

b) Payment for the renewal of the insurance policy with reference P21278469 held by Mulberry Insurance Brokers Limited in the amount of €427.43, together with the road license for the same vehicle and any other expenses related to the same renewal.

The Court further AUTHORISES Mulberry Insurance Brokers Limited to receive the mentioned payments from the funds in the bank account registered in the name of the accused ending in -9015 and held at the Bank of Valletta plc.

That this Court authorisation for the execution of these expenses shall remain valid and applicable each time these payments are due, without the need to submit an application every time these expenses are encountered.

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

27 Awwissu 2024

Notice 1885

1885

ARB/C039/2024 – VARIATION OF A SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 8th August, 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, director, 59 years, son of the late Anthony Vassallo and Maria Vassallo née Busuttil, born in Mtarfa, Malta, on the 24th April, 1965, and residing at Ella Court, Flat 5, Vjal ir-Repubblika, Ħal Għargħur, and holder of Maltese identity card bearing number 254865M.

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;

The Court AUTHORISES the accused IVAN VASSALLO to carry out the following payments in addition to the annual amount of €21,945 which the accused is entitled to perceive, from the bank account registered in the name of the accused ending in -1023 and held at the Bank of Valletta plc, as listed hereunder:

a) Payment for the arrears due on the insurance policy with reference FP406332 held by MAPFRE MSV Life plc in the amount of €175.40;

b) Payment for the arrears due on the insurance policy with reference 30541 held by MAPFRE MSV Life plc in the amount of €274.70;

c) Payment for the arrears due on the insurance policy with reference FP406203 held by MAPFRE MSV Life plc in the amount of €175.40;

d) Payment of the insurance policy with reference 30032304 held by MAPFRE MSV Life plc in the amount of €1,808.23;

e) Payment of the insurance policy with reference 31005298 held by MAPFRE MSV Life plc in the amount of €18,212.

The Court further AUTHORISES MAPFRE MSV Life plc to receive the mentioned payments from the funds in the bank account registered in the name of the accused ending in -1023 and held at the Bank of Valletta plc.

That this Court authorisation for the execution of these expenses shall remain valid and applicable each time these payments are due, without the need to submit an application every time these expenses are encountered.

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

27 Awwissu 2024

Notice 1886

1886

By means of a decree given by the Civil Court, First Hall, on the 3rd July, 2024, in the records of the Sworn Application number 211/2024MH, which was filed on the 26th February, 2024, in the names: A.B.M. Limited et vs Bugeja Gauci Pierre sive Peter 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 applicants asked this Honourable Court to, among others: Appoint a notary to publish the contract and establish the time, day and place for the publication of the same contract. With all costs against the respondents who are summoned so that a reference to their evidence be made.

The Sworn Application in the names mentioned above is postponed to 15th November, 2024, at 9.00 a.m.

Notify Respondent: Bugeja Gauci Pierre sive Peter, 94, Triq il-Greċja, Naxxar

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

For the Registrar, Civil Courts and Tribunals

29 Lulju 2024

Notice 1887

1887

By means of a decree given by the Civil Court, First Hall, on the 13th June ,2024, in the records of the Sworn Application number 359/2024TA, which was filed on the 3rd April, 2024, in the names: Titan Aviation Fuels SRL vs Jetclub Malta Limited, the following publication was ordered, in terms of Article 187 (3) et sequitur of Cap.12 for the purpose of service of the respondent. The applicant asked this Honourable Court to, among others: Condemn the respondent company to pay the applicant company, the sum of nineteen thousand, two hundred and ten euros and seventy five cents (€19,210.75c).

The Sworn Application in the names mentioned above is postponed to 14th October, 2024, at 9.30 a.m.

Notify Respondent: Jetclub Malta Limited, High rise Building, First Floor, Triq l-Imradd, Ta' Xbiex

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

For the Registrar, Civil Courts and Tribunals

29 Lulju 2024

Notice 1888

1888

By means of a decree delivered, by the Constitutional Court on the 12th June, 2024, in the records of Constitutional Application number 270/21 in the names Albert Calleja (ID 550258M) in the name and in representation of his mother Anna Maria sive Maronna Calleja (ID 137933M) vs the State Advocate and Joseph Ciappara (ID 302051M) and Mary Fatima Ciappara (ID 555959M), and by decree of the 10th December 2021, Carmelo Cutajar (ID 896051M) was called into the suit, the following publication was ordered for the purpose of effecting service of the said Joseph Ciappara and Mary Fatima Ciappara in terms of section 187(3) et sequitur of Cap. 12.

By means of Appeal Application number 270/21 filed on the 20th October, 2023, in the names premised, the State Advocate felt aggrieved by the judgment of the First Hall Civil Court (Constitutional Jurisdiction) delivered on the 27th September, 2023, wherein it condemned the State Advocate to pay compensation to the respondents in the sum of €19,902.47 as pecuniary damages, since the same State Advocate humbly disagrees with the judgment of the Honourable First Court as to the amount of pecuniary damage which it liquidated; the reason being because it is excessive also in the light of the jurisprudence referred to in the application de quo.

Therefore, the appellant State Advocate asks this Court to reform this judgment by cancelling it, revoking it and annulling it in those parts wherein it condemned the State Advocate to pay pecuniary and non-pecuniary compensation of €19,902.47 (nineteen thousand, nine hundred and two euro and forty seven cents) and confirm the rest of the judgment with the costs of both instances being borne by the respondents.

Notification: Joseph Ciappara, Analisca, 97, Triq Ta' Brija, Siġġiewi

Mary Fatima Ciappara, Analisca, 97, Triq Ta' Brija, Siġġiewi

Dr Franco Bondin, LLD, M. Jur.

For the Registrar, Civil Courts and Tribunals

22 Awwissu 2024

Notice 1889

1889

By means of a decree delivered, by the Court of Appeal, Superior Jurisdiction, on the 4th June, 2024, in the records of the Application Number 655/2007 in the names Theresa sive Teresa Polidano widow of Giovanni and her son Carmelo Polidano vs Joseph Vella et, the following publication was ordered for the purpose of service of Ian Joseph Schiavone, Notary Pierre Cassar, Notary Victor John Bisazza and Notary Roberta Bisazza in terms of section 187(3) et sequitur of Cap. 12.

By means of Appeal Application number 655/2007 filed on the 17th May, 2021, the appellants Theresa sive Teresa Polidano widow of Giovanni and her son Carmelo Polidano felt aggrieved by the judgment delivered on the 27th April, 2021, in the names premised, by the First Hall of the Civil Court as this Court made a wrong appreciation of the law and the facts when it decided that the costs of the cause should be borne by the plaintiffs.

Therefore, the appellants humbly request that this Honourable Court varies the judgment given on the 27th April, 2021, in the names premised by the First Hall Civil Court in the sense that whilst confirming it where it did not take cognizance of the plaintiff's demands on the merits, it annuls, revokes and cancels it wherein it ordered that the costs of the cause be paid by the same plaintiffs and consequently orders that all the costs be paid by the respondent defendants, with the costs of both instances against the respondent defendants.

Application number 655/2007 in the names Theresa sive Teresa Polidano widow of Giovanni and her son Carmelo Polidano vs Joseph Vella et has been deferred for hearing to the 15th October, 2024, at 8.45 a.m.

Notification: Ian Joseph Schiavone, 24, Triq il-Kunċizzjoni, Birżebbuġa

Notary Pierre Cassar, 51, Triq l-Ifran, Valletta

Notaries Victor and Roberta Bizazza, 215, 3B, Triq l-Ifran, Valletta

Dr Franco Bondin, LLD, M. Jur.

For the Registrar, Civil Courts and Tribunals

27 Awwissu 2024

Notice 1890

1890

By means of a decree delivered, by the Court of Appeal, Superior Jurisdiction, on the 27th May, 2024, in the records of the Application number 96/2016 in the names Saviour sive Sam Borg (ID 0621435M) vs Ignatius sive Iggie Borg (ID 0751347M) and his wife Pamela Elsie sive Pam Borg (ID 0015328 A) and HSBC Bank Malta plc (C3177), the following publication was ordered for the purpose of effecting service on Ignatius Borg and his wife Pamela Elsie sive Pam Borg in terms of section 187 (3) et sequitur of Cap. 12.

By means of Appeal Application number 96/2016 filed on the 21st December, 2022, the plaintiff appellant Saviour sive Sam Borg felt aggrieved by the judgment given on the 30th November, 2022, by the Honourable First Hall, Civil Court, and his grievances are clear and manifest and consist of: 1) the judgment under appeal calls into question the significance and consequences of the calligraphic report where its conclusions are clear and unequivocal; 2) the judgment under appeal contrasts the expert's findings with unreliable evidence for the reasons set out in the application; 3) in paragraph 52 of the appealed judgment there is a consideration of fact that the exponent strongly denies, and that it is not clear whether it is a result of a misunderstanding or an interpretation of the Court.

Therefore, the applicant, appellant plaintiff, humbly requests that this Honourable Court varies and modifies the judgment delivered on the 30th November, 2022, by the Honourable First Hall Civil Court in the names premised by confirming the same judgement wherein it dismissed the first and third pleas of the defendant bank, and cancels, revokes and annuls the same judgment wherein it upheld the fifth plea of the defendant bank and dismissed the plaintiff's demands, and instead it shall pass to uphold all of the plaintiff claims and dismiss all the pleas of the defendant bank, with costs of both instances against the defendants or either of them.

Notification: Ignatius and Pamela Borg, 40 Flat 4, Triq San Frangisk, Tas-Sliema

2. HSBC Bank Malta plc, 116 , Triq l-Arċisqof, Valletta

Dr Franco Bondin, LLD, M. Jur.

For the Registrar, Civil Courts and Tribunals

27 Awwissu 2024

Notice 1891

1891

By means of a decree delivered, by the Court of Appeal, Superior Jurisdiction, on the 27th May, 2024, in the records of the Application number 561/14 in the names Arthur Xuereb (ID 0667055M) vs Silvio Borg (ID 466565M), the party called into the suit Winston Cutajar pro et nomine, et, the following publication was ordered for the purpose of service of Winston Cutajar in terms of section 187(3) et sequitur of Cap. 12.

By means of Appeal Application number 561/14 filed on the 27th February, 2024, the appellant Arthur Xuereb felt aggrieved by the judgment delivered by the First Hall, Civil Court in the names premised on the 30th January, 2024, on four grounds, namely: 1) The plea of prescription in terms of section 2143 is incompatible with the actio finium regundorum; 2) there is confusion as to whether or not this action of actio finium regundorum subsisted or not; 3) The expiration of the thirty year prescriptive period does not find any application in these procedures; 4) The boundaries of the extent of the lands have been duly proved.

Therefore, the appellant respectfully requests this Honourable Court to cancel and revoke the appealed judgment delivered by the First Hall Civil Court on the 30th January, 2024, in the names premised by upholding the demands of the plaintiff appellant in their entirety and dismissing in their entirety the pleas raised by the respondent defendants, with costs to be borne by the respondents.

Notification: Winston Cutajar pro et nomine, 53, La Rochelle, Triq Misraħ Suffara, Ħad-Dingli

Dr Franco Bondin, LLD, M. Jur.

For the Registrar, Civil Courts and Tribunals

27 Awwissu 2024

Notice 1892

1892

By means of a decree delivered, by the Constitutional Court, on the 27th May, 2024, in the records of the Application number 119/2022 in the names Anna Gafà (ID 247154M) vs The Housing Authority and Mario Fenech (ID 50264G) the following publication was ordered for the purpose of effecting service on Mario Fenech in terms of section 187(3) et sequitur of Cap. 12.

By means of Constitutional Appeal Application number 119/2022 filed on the 1st April, 2024, the appellant Anna Gafà felt aggrieved by the judgment of the 14th March, 2024, delivered by the First Hall Civil Court (Constitutional Jurisdiction) in so far as, inter alia, the Honourable First Court was totally mistaken when it decided that it had to be the State Advocate who had to answer for the complaints raised by the appellant and not the Housing Authority.

Therefore, the appellant, is requesting this Honourable Constitutional Court to revoke the judgment given by the First Hall Civil Court (Constitutional jurisdiction) on the 14th March, 2024, in the cause in the premised names, by upholding the plaintiff's demands and dismissing the respondents' pleas, and to liquidate the damages suffered by the applicant appellant in the amount of €45,682.32 by way of pecuniary damages other than non-pecuniary damage, and/or other sum, and in case this Honourable Court does not decided that it should liquidate the damages suffered at this instance, it remits the hearing to the court of first instance, so that the same damages suffered as a result of the infringement of the appellant's fundamental rights are liquidated. With costs and legal interests of both instances against the respondent Housing Authority.

Notification: Mario Fenech 64, Triq San Girgor, Żejtun

Dr Franco Bondin, LLD, M. Jur.

For the Registrar, Civil Courts and Tribunals

27 Awwissu 2024

Notice 1893

1893

By means of a decree delivered, by the Constitutional Court, on the 27th May, 2024, in the records of the Application number 696/2021 in the names Grace Micallef (ID 897354M) in the name and on behalf of the absentee Emanuela Lee née Calleja (ID 09757M) vs The State Advocate and Maria Pace (ID 962449M) the following publication was ordered for the purpose of effecting service on Maria Pace in terms of section 187 (3) et sequitur of Cap. 12.

By means of the Constitutional Appeal Application number 696/2021 filed on the 2nd April, 2024, the appellant Grace Micallef felt aggrieved by the judgment of the 13th March, 2024, by the First Hall Civil Court (Constitutional Jurisdiction) since: 1) the Honourable First Court was totally mistaken when it decided on the liquidation of the damages de quo; and 2) furthermore the Honourable First Court was mistaken when it decided on the relevant period of the violation suffered by the appellant applicant.

Therefore, the appellant is asking this Honourable Constitutional Court to reform the judgment given by the First Hall Civil Court (Constitutional jurisdiction) on the 13th March, 2024, in the cause in the names premised, by confirming it in so far as it dismissed the pleas of the respondent Housing Authority and of the respondent tenant Pace, and confirm it also where it upheld the plaintiff's demands, and thus reform it as regards the fact that the Honourable First Court liquidated only one ninth share(1/9) of the amount suffered between 1991 and 2007, and instead liquidate the whole share for the reasons mentioned in the application, as well as in so far as it non-suited the State Advocate, and instead condemn him to come forward for the liquidation of damages and that is it should be declared and decided that the pecuniary damages should cover the relevant period from 1987 to 2018 or 2021, and be liquidated in the amount of not less than €38,720 and/or other correct sum, besides pecuniary damages, and condemn the same Housing Authority and State Advocate respectively to pay the damages suffered with the costs of both instances against the respondents Housing Authority and State Advocate.

Notification: Maria Pace, 340, Saviour, Flat 1, Triq in-Naxxar, Birkirkara

Dr Franco Bondin, LLD, M. Jur.

For the Registrar, Civil Courts and Tribunals

27 Awwissu 2024

Notice 1894

1894

By means of a decree delivered, by the Constitutional Court on the 12th June, 2024, in the records of Constitutional Application number 241/21 in the names Doris Cilia wife of Joseph Cilia (ID 722944M) et vs The State Advocate, Anthony Micallef (ID 164646M) and Raymond Fenech (ID 23960M), the following publication was ordered for the purpose of service of Anthony Micallef and Raymond Fenech in terms of section 187(3) et sequitur of Cap. 12.

By means of Appeal Application number 241/21 filed on the 1st February, 2024, in the names premised, the State Advocate felt aggrieved by the judgment of the First Hall Civil Court (Constitutional Jurisdiction) given on the 30th January, 2024, and respectfully disagrees with the judgment in its entirety, and requests that it be varied in so far as the Honourable First Court granted non-pecuniary compensation which is excessive and should be reduced to reflect an amount which is in line with jurisprudence and as explained in the application.

Therefore, the appellant State Advocate requests this Court to reform the judgment in the names premised delivered by the First Hall Civil Court in its Constitutional Jurisdiction dated 30th January, 2024, in the sense of substantially reducing the compensation for non-pecuniary damages of eight thousand euro (€8,000) to a substantially lower amount whilst confirming the judgment of 30th January, 2024, as to the remainder with costs of the first instance remaining unchanged while the costs of these proceedings are to be borne by the respondent applicants.

Notification:   Anthony Micallef, 35, Fort Mansions, Flat 3, Triq Tigné, Tas-Sliema

Raymond Fenech, 35, Fort Mansions, Flat 3, Triq Tigné, Tas-Sliema

Dr Franco Bondin, LLD, M. Jur.

For the Registrar, Civil Courts and Tribunals

30 Jannar 2024

Notice 1895

1895

By decree given by the Civil Court, First Hall, on the 8th August, 2024, on the application of Ann Marie Ciantar (ID 42541A) et, Thursday, 20th March, 2025, at half past ten in the morning (10.30 a.m.), has been fixed for the sale by auction to be held at room number 78, Nearby the Archieves, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following properties:

Half undivided maisonette numbered 125 on the first floor with its own airspace in Triq Annibale Preca, Ħal Lija, and garage numbered 15, which forms part of a complex of garages, accessible from an unnamed street, which leads to Triq Annibale Preca, Ħal Lija. The property has a servitude and is valued at thirty five thousands euro (€35,000).

The said tenements are property Eleanor Attard sive Attard Ogilvie (ID 347771M) and Gordon Ogilvie and by decree of the 23rd March 2009, had been nominated Dr Anthony Cutajar and LP Liliana Buhagiar for the absent.

N.B. The said properties will be sold as described in the acts of the judicial sale file number 16/12.

Marvic Farrugia

For Registrar Civil Courts and Tribunals

28 Awwissu 2024

Notice 1896

1896

DKR 48/2013 – VARIATION OF A FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 10th June, 2024, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Claire-Louise Stafrace Zammit, LLD) following the note filed by the Commissioner of Police on the 5th June, 2024, Compilation number 170/2013, in the case in the names:

The Police

(Inspector Rennie Stivala)

versus:

TANCRED TABONE, 71 years, son of the late Joseph and Marion née Mercieca, born in Tas-Sliema, Malta, on the 24th October, 1952, residing at 78, Triq Ġużè Howard, Tas-Sliema, Malta, and holder Maltese identity card bearing number 793652M.

THE COURT after seeing the prosecution's note of the 5th of June, 2024, and after seeing Article 36(4)(b)(ii) of Cap. 621 of the Laws of Malta and therefore limits the Freezing Order for the sum of four hundred thousand US dollars ($400,000) provided that the provisions of Article 36(8)(ii) shall apply in case the defence has any contestation regarding this Order.

This variation is being published in terms of Section 5(1) of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta and Article 23A of the Criminal Code, Cap. 9 of the Laws of Malta following another decree given by the same Court on the 10th May, 2034, following another decree given by the same Court on the 31st October, 2022, and published in the Government Gazette of the 24th January, 2023, following another decree given by the same Court on the 15th December, 2021, and published in the Government Gazette of the 14th January, 2022, following another decree given by the same Court on the 25th August, 2020, and published in the Government Gazette of the 4th September, 2020, following another decree given by the same Court on the 2nd May, 2018, and published in the Government Gazette of the 28th May, 2018, following another decree given by the same Court on the 6th October, 2017, and published in the Government Gazette of the 16th March, 2018, following another decree dated 18th August, 2017, which was published in the Government Gazette of the 5th September, 2017, following other publications published in the Government Gazette of the 3rd December, 2014, 18th November, 2013, 14th June, 2013 and 1st March, 2013, and following a freezing order given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Gabriella Vella, LLD) on the 19th February, 2013, and published in the Government Gazette of the 22nd February, 2013, where the Court ordered the attachment in the hands of third parties in a general manner, all monies and other movable and immovable property which may be due to or belonging to Tancred Tabone.

Marvic Psaila

Deputy Registrar, Criminal Courts and Criminal Tribunals

26 Awwissu 2024

Notice 1897

1897

DKR 48/2013 – VARIATION OF A FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 10th May, 2024, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry  (Magistrate Dr Claire-Louise Stafrace Zammit, LLD) after an application filed by Tancred Tabone on the 6th May, 2024, Compilation number 170/2013, in the case in the names:

The Police

(Inspector Rennie Stivala)

versus:

TANCRED TABONE, 71 years, son of the late Joseph and Marion née Mercieca, born in Tas-Sliema, Malta, on the 24th October, 1952, residing at 78, Triq Ġużè Howard, Tas-Sliema, Malta, and holder Maltese identity card bearing number 793652M.

The Court ACCEDED to the request of the accused Tancred Tabone in the sense that:

This variation is being published in terms of Section 5(1) of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta and Article 23A of the Criminal Code, Cap. 9 of the Laws of Malta following another decree given by the same Court on the 31st October, 2022, and published in the Government Gazette of the 24th January, 2023, following another decree given by the same Court on the 15th December, 2021, and published in the Government Gazette of the 14th January, 2022, following another decree given by the same Court on the 25th August, 2020, and published in the Government Gazette of the 4th September, 2020, following another decree given by the same Court on the 2nd May, 2018, and published in the Government Gazette of the 28th May, 2018, following another decree given by the same Court on the 6th October, 2017, and published in the Government Gazette of the 16th March, 2018, following another decree dated 18th August, 2017, which was published in the Government Gazette of the 5th September, 2017, following other publications published in the Government Gazette of the 3rd December, 2014, 18th November, 2013, 14th June, 2013, and 1st March, 2013, and following a freezing order given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Gabriella Vella, LLD) on the 19th February, 2013, and published in the Government Gazette of the 22nd February, 2013, where the Court ordered the attachment in the hands of third parties in a general manner, all monies and other movable and immovable property which may be due to or belonging to Tancred Tabone.

Marvic Psaila

Deputy Registrar, Criminal Courts and Criminal Tribunals

(i)Authorize Atlas Healthcare Insurance Agency Limited to refund the accused Tancred Tabone the amounts requested in his claims of the 27th February, 2024, 1st March, 2024, 12th March, 2024, and 1st April, 2024, and of the 23rd April, 2024, and this according to Art. 36(5)(a) of the Proceeds of the Crime Act (Cap. 621);
(ii)Authorize the said Atlas Healthcare Insurance Agency Limited to refund the accused Tancred Tabone other amounts linked to health claims whenever they arise without the need to present an application every time those costs arise and this in terms of Art. 36(5)(c) of the Proceeds of the Crime Act (Cap. 621) provided that every payment receipt must be presented by a note.
26 Awwissu 2024

Notice 1898

1898

DKR 48/2013 – VARIATION OF A FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 25th July, 2024, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Claire-Louise Stafrace Zammit, LLD) after an application filed by Tancred Tabone on the 21st June, 2024, Compilation Number 170/2013, in the case in the names:

The Police

(Inspector Rennie Stivala)

versus

TANCRED TABONE, 71 years, son of the late Joseph and Marion née Mercieca, born in tas-Sliema, Malta, on the 24th October, 1952, residing at 78, Triq Ġużè Howard, Tas-Sliema, Malta, and holder Maltese identity card bearing number 793652M.

The Court ACCEDED to the request of the accused Tancred Tabone in the sense that it varies the freezing order limitedly to the property in 5/1, in Borg Olivier Street, Tas-Sliema.

This variation is being published in terms of Section 5(1) of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta and Article 23A of the Criminal Code, Cap. 9 of the Laws of Malta following another two decrees given by the same Court on the 10th June, 2024 and the 10th May, 2024, following another decree given by the same Court on the 31st October, 2022, and published in the Government Gazette of the 24th January, 2023, following another decree given by the same Court on the 15th December, 2021, and published in the Government Gazette of the 14th January, 2022, following another decree given by the same Court on the 25th August, 2020, and published in the Government Gazette of the 4th September, 2020, following another decree given by the same Court on the 2nd May, 2018, and published in the Government Gazette of the 28th May, 2018, following another decree given by the same Court on the 6th October, 2017, and published in the Government Gazette of the 16th March 2018, following another decree dated 18th August, 2017 which was published in the Government Gazette of the 5th September, 2017, following other publications published in the Government Gazette of the 3rd December, 2014, 18th November, 2013, 14th June, 2013, and 1st March,2013 and following a freezing order given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Gabriella Vella, LLD) on the 19th February, 2013, and published in the Government Gazette of the 22nd February, 2013, where the Court ordered the attachment in the hands of third parties in a general manner, all monies and other movable and immovable property which may be due to or belonging to Tancred Tabone.

Marvic Psaila

Deputy Registrar, Criminal Courts and Criminal Tribunals

26 Awwissu 2024

Notice 1899

1899

By means of a decree given by the Civil Court, First Hall, on the 11th July 2024, in the records of Sworn Application number 532/2024AB, which was filed on the 13th May 2024, in the names: Innovation Labs Limited vs Caishen Limited, the following publication was ordered, in terms of Article 187 (3) et sequitur of Cap.12 for the purpose of service of the respondent. The applicant asked this Honourable Court to, among others: Order and condemn the defendant company to pay the plaintiff company the said sum of forty thousand, four hundred and ninety four euros and twenty nine cents (€40,494.29c). With all costs and legal interest against the defendant.

The Sworn Application in the names mentioned above is postponed to 17th October, 2024, at 9.20 a.m.

Notify Respondent: Caishen Limited, 15, The Charme, Flat 3, Triq Manuel Bonnici, Burmarrad, St Paul's Bay

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

For the Registrar, Civil Courts and Tribunals

08 Awwissu 2024

Notice 1900

1900

By means of a decree of the 15th April, 2024, of the Civil Court First Hall in the records of judicial letter number 2001/2022, in the names Director General (Customs) vs Massimo Cremona, the following publication for the purpose of service on the respondent Massimo Cremona was ordered in terms of Article 187 (3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To Massimo Cremona (ID 333273M) of Redentur, Triq Salvinu Spiteri, Santa Venera, and/or 19H, Fort Chambrai, Għajnsielem, Gozo

By the present the Director General (Customs) of Customs Department, Lascaris Wharf, Valletta, referring to the judicial letter dated 18th January, 2011, which judicial letter was sent in terms of Article 466 of Cap. 12 of the Laws of Malta.

That the judicial letter dated 18th January, 2011, was contested before the Administrative Review Tribunal in the cause Massimo Cremona vs Commissioner for Revenue (Application number 124/2011). The Administrative Review Tribunal rejected the demands presented in the said original application by means of a judgement dated 20th March, 2012. The judgement of the Administrative Review Tribunal was confirmed by the Court of Appeal in the judgement dated 8th April, 2016 (Appeal 124/20211/1 AF).

That the amount demanded in the judicial letter dated 18th January, 2011, that is €21,707 represents tax linked to the importation of products into Malta.

The interpellant calls upon you so that you pay this amount within one week from notification.

With costs

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

28 Awwissu 2024

Notice 1901

1901

By means of a decree given on the 28th August, 2024, by The Civil Court (Voluntary Jurisdiction Section) on an application number 579/2024 filed by Notary Marco Burlò, wherein it has been ordered the opening and publication of the secret will of Lorenza Borg Cardona (ID 0178628M), daughter of the late Rosario Zammit and the late Giuseppa Zammit née Ciantar, born at Kalkara, Malta, and died at Msida, Malta, on the 31st of August, 2023, aged 95 years.

The opening and publication are going to be held on Thursday , 3rd October, 2024 at one o'clock in the afternoon (1.00 p.m.) in Hall 17, at the Law Courts, Valletta, under the ministry of Notary Marco Burlò.

Rose Marie Buttigieg

For The Registrar Civil Courts and Tribunals

28 Awwissu 2024

Notice 1902

1902

By a decree of the Consumer Claims Tribunal of 26th June, 2024, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).

Stefania Borg and by means of a decree of the 22nd May, 2024, her name was changed to Stefania Camilleri (ID 185793M) of 20, Sardinella, Triq Francesco Zammit, Ħad-Dingli DGL 1365, filed a Claim on the 10th November, 2023, whereby she asked the Tribunal to condemn KSL Ltd (C59646) carrying on trade as Global Tech of Global Tech Malta Showroom, Triq Bellavista, San Ġwann SGN 2698, to pay the plaintiff the sum of €3,500, which amount is due to the plaintiff.

The case (CCT number 218/2023) is deferred on the 18th September, 2024, at 9.45 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

28 Awwissu 2024

Notice 1903

1903

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 25th October, 2023, Application number 1805/2023, by Jeoffrey Bezzina, whereby following the application Emanujel Bezzina holding identity card number 884437M, was interdicted from all the acts of the civil life by means of a decree given on the 7th May, 2024.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

28 Awwissu 2024

Notice 1904

1904

NOTICE, REGISTRY OF THE CIVIL COURT, FIRST HALL

Whereas Caren Fiteni (ID 399978M) filed an application (number 882/2024JVC) demanding the correction of the Act of Birth number 3999/1978 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 1905

1905

By means of a decree delivered, by the Constitutional Court, on the 10th May, 2024, in the records of Constitutional Application number 369/2022 in the names Bartolomeo sive Albert Bezzina (KI 207661M) et vs the State Advocate and the Northern District Homing Union Malta Pigeon Club, the following publication was ordered for the purpose of service of the Northern District Homing Union Malta Pigeon Club in terms of section 187(3) et sequitur of Cap. 12.

By means of Constitutional Appeal Application number 369/2022 filed on the 31st January, 2024, the appellants Bartolomeo sive Albert Bezzina et felt aggrieved by a judgment dated 18th January, 2024, of the Court of First Instance and are filing this humble appeal before this Honourable Court with the aim of impugning the said decision limitedly to the liquidation of damages and this for the reasons detailed in the same application.

Therefore, the appellants are asking this Honourable Constitutional Court to confirm the judgment mentioned above in so far as it dismissed the pleas of the respondent State Advocate and of the respondent Northern District Homing Union Malta Pigeon Club, as well as confirm it where it upheld the plaintiff's demands and subsequently reform it as for the liquidation of damages as it should be declared and decided that the injury suffered by the applicants was for the whole period as demanded in their constitutional application, that is from 1987 to 2022, and thus the pecuniary damages are to be liquidated in the amount of not less than ninety one thousand, four hundred and nineteen euro (€91,419.00), or other correct sum, besides non-pecuniary damage amounting to circa seventeen thousand euro (€17,000), globally amounting to one hundred and eight thousand, four hundred and nineteen euro (€108,419,00), plus legal interests applicable from the date of the first judgment. With costs of both instances against the respondent State Advocate.

Notification:   Northern District Homing Union Malta Pigeon Club, 124, Triq Birkirkara, San Ġwann

Dr Franco Bondin, LLD, M. Jur.

For the Registrar, Civil Courts and Tribunals 

28 Awwissu 2024

Notice 1906

1906

By means of a decree delivered, by the Constitutional Court, on the 1st July 2024, in the records of Constitutional Application number 628/2021 in the names Martin Aquilina (ID 963548M) vs Carmelo Dingli (ID 609459M); Mario Dingli (ID 347752M); in the name of the firm Reno Dingli (P539); and the State Advocate, the following publication was ordered for the purpose of service of Carmelo Dingli and Mario Dingli in terms of section 187(3) et sequitur of Cap. 12.

By means of Constitutional Appeal Application number 628/2021 filed on the 1st August, 2023, the State Advocate felt aggrieved by the judgment of the Honourable First Hall Civil Court (Constitutional jurisdiction) in the names premised delivered on the 14th July, 2023, since he does not agree with how the pecuniary compensation was liquidated. This grievance is clear and manifest as the Court of First Instance failed to consider the particular circumstances of the case when liquidating the pecuniary compensation and for the reasons explained in detail in the appeal application.

Therefore, the applicant respectfully requests that this Honourable Constitutional Court varies the judgment dated 14th July 2023 in the names above mentioned whereby the amount of pecuniary compensation from €40,363.60 is varied to not more than €26,236.34. With costs of this appeal against the respondent Martin Aquilina.

Notification: Carmelo Dingli, 452, Fiat 3, Triq il-Kanun, Santa Venera

Mario Dingli, 151, Ave Maria, Triq il-Ħida, San Ġwann

Dr Franco Bondin, LLD, M. Jur.

For the Registrar, Civil Courts and Tribunals

28 Awwissu 2024

Notice 1907

1907

By means of a decree delivered, by the Court of Appeal, Superior Jurisdiction, on the 12th June, 2024, in the records of the Application number 783/20 in the names John Zammit (ID 164048 M) and Margaret Refalo (ID 1054946 M) vs Paul Zammit (ID 0764453 M) and Frankie Zammit (ID 0348442 M), the following publication was ordered for the purpose of effecting service on Paul Zammit in terms of section 187 (3) et sequitur of Cap. 12.

By means of the Appeal Application number 783/20 filed on the 14th December, 2023, the appellant Frankie Zammit felt aggrieved by the judgment of the First Hall Civil Court dated 16th November, 2023, in the names mentioned wherein it reached such a decision on the basis of the report by Technical Referee AIC Valerio Schembri when such a report does not reflect justly the estimate of the value of the said premises as well as whether the premises subject of the cause is easily divisible.

Therefore, the applicant requests that this Honourable Court varies the judgment mentioned and revokes and cancels it in so far as it dismissed all the applicant's pleas, and instead uphold the same pleas; and/or refer the proceedings back to the Court of First Instance in order to make an assessment of the premises subject of this cause once again and genuinely take into consideration the property as it stands and the potential of the property's open value so that the parties especially the exponent does not suffer from any prejudice even for the fact that the Court ordered that the sale be made by licitation. With costs of both instances against the respondent plaintiffs.

Notification: Paul Zammit, 9, Triq Stella Maris, Tas-Sliema

Dr Franco Bondin, LLD, M. Jur.

For the Registrar, Civil Courts and Tribunals

18 Awwissu 2024

Notice 1908

1908

Whereas Advocate Dr Chris Said noe filed a writ of summons number 66/2024 (BS) in the names 'Advocate Dr Chris said noe vs Director Public Registry for Gozo' demanding corrections in the Act of Birth of Mary Annie Cassar bearing number two hundred and eight of the year one thousand, nine hundred and sixty-five (208/1965).

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 (15) 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 writ of summons, of the day which will be appointed for the hearing of the case.

Daniel Sacco

For the Registrar, Gozo Courts and Tribunals

Notice 1909

1909

Notice, Registry of the Civil Court, First Hall

Whereas Annunziata sive Lona Galea (ID 295102L) filed an application (number 929/2024JVC) demanding the correction of the Act of Birth number 2951/2002 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 1910

1910

By decree given by the Civil Court, First Hall, on the 29th August, 2024, on the application of Motors Inc. Limited (C 75758), Wednesday, 9th October, 2024, at eleven in the morning (11.00 a.m.) has been fixed for the sale by auction to be held at HHF  037, Industrial Estate, Ħal Far, of the following vehicle seized from the property of Panzavecchia Massimo (ID 377367M) and by decree of the 8th April, 2024, Dr Leontine Calleja has been appointed as curator for his unknown heirs.

Vehicle of the make Hyundai Tucson, olivine grey in colour, with the registration number KLY 153.

N.B. The said vehicle will be sold as described in the acts of judicial sale number 13/2024.

Gaetana Aquilina

For the Registrar of Civil Courts and Tribunals

29 Awwissu 2024