Mur Lura
Court Notices published in Govt Gazette No. 18,969 of the 25th September, 2012
01/01/2012
Notice 1564
1564By decree given by the CIVIL COURT, FIRST HALL on 19th September 2012, on the application of CREMONA AV. DR ANTOINE NOE, Monday, 8th October, 2012 at noon, has been fixed for the SALE BY AUCTION to be held IN THE CORRIDORS OF THESE LAW COURTS, REPUBLIC STREET, VALLETTA of the following item seized from the property of BASTIMENT M.V. CASTOR.
Vessel M.V. Castor, IMO number 9123506, registered in the Kingdom of the Netherlands, in the property of Beheermaatschappij M.S. Atlasdiep B.V., a company registered in the Netherlands, gross tonnage of 4,178 tonnes and dead weight tonnage of 5,905 tonnage.
N.B. The said object will be sold as described in the acts of file number 41/12.
Kevin Caruana
For the Registrar, Civil Courts and Tribunals
Notice 1565
1565By means of an application filed in Civil Court Voluntary Jurisdiction Section, on the 4th September 2012, Application number 641/2012 by Joseph Fenech, whereby he prayed that it be declared open in his (Joseph Fenech) favour and in favour of his sisters Mary Fenech and Catherine Fenech in equal shares between them the SUCCESSION of his sister Helen Fenech, unmarried, daughter of the late John Fenech and Rosa neè Pace, born and reisided in Birkirkara and died in tal-Qroqq limits of Imsida on the 29th July 2012, intestate, aged 66 holding identity card number 0980245(M).
Thus whoever considers that he has an interest is called so that by means of a note he enters his opposition according to Article 537(1) et seq of the Code of Organization and Civil Procedure (Cap. 12).
Alexandra Debattista
For the Registrar, Civil Court and Tribunals
Notice 1566
1566By means of a decree, given by the Civil Court First Hall, on the 23rd May 2012, in the records of the Sworn Application, in the names Dr Kris Balzan noe vs HappyBet Limited, Application number 290/12 SM, the following publication was ordered for the purpose of service of the company HappyBet Limited, in terms of Article 187(3) of Cap. 12.
By means of a Sworn Application filed in the First Hall Civil Court, in the names Dr Kris Balzan (I.D. 11079M) as special mandatary in the name and in representation of the company News Networld Internetservice GmbH, with Austrian registration number FN 205118w v HappyBet Limited (C39595) on the 20th March 2012, the applicant Dr Kris Balzan nomine, asked this Honourable Court:
(a) to acknowledge the decision dated 9th June of the year two thousand and nine (2009) given by the Austrian Court, in the cause in the names News Networld Internetservice GmbH vs HappyBet Limited;
(b) declare that the decision is executable by the applicant company News Networld Internetservice GmbH against the respondent company HappyBet Limited, in its entirety, including all the costs of the cause incurred in Austria and those of this procedure, as well as legal interests, till the date of effective payment and;
(c) order the service of the same to the respondent company with the decision as regards the present application, at its address in Malta, namely Suite 21, Charles Court, St. Luke’s Road, Tal-Pietà PTA 1027, according to the provisions of Article 42 of the Regulation 44/2001 and the provisions of Article 825A of Cap. 12 of the Laws of Malta;
Saving any other provision that this Honourable Court may give.
Notify: HappyBet Limited - Suite 21, Charles Court, St. Luke’s Road, Tal-Pietà PTA 1027.
The Sworn Application in the names Dr Kris Balzan noe vs HappyBet Limited, application number 290/12 SM, has been put off for hearing to the 14th November 2012, at 9.00 a.m.
Adv. Frank Portelli, LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 1567
1567By means of an application filed in Civil Court Voluntary Jurisdiction Section, on the 11th September 2012, Application number 659/2012 by Fabio Spiteri, whereby he prayed that it be declared open in favour of the same Darleen Chircop, wife of Philip Chircop, and the same Fabio Spiteri and Karl Spiteri, allbrothers and sisters Spiteri, children of the decujus and this in the quota of one third (1/3) undivided share each one of them the SUCCESSION of his father Joseph Spiteri, son of the late Antonio Spiteri and Josephine neè Bonnici, born in Qormi, resided in Santa Luċija and died in St Paul’s Bay on the 30th October 2011, intestate, aged 64 holding identity card number 1018646(M).
Thus whoever considers that he has an interest is called so that by means of a note he enters his opposition according to Article 537(1) et seq of the Code of Organization and Civil Procedure (Cap. 12).
Alexandra Debattista
For the Registrar, Civil Court and Tribunals
Notice 1568
1568By means of a decree given, by the First Hall Civil Court, on the 3rd September 2012, in the records of the Sworn Application, in the names Mifsud Malcolm Dr noe vs Joseph Cassar Limited, application number 400/2012 SM, the following publication was ordered for the purpose ofservice of the defendant company, in terms of Article 187(3) of Cap. 12.
By means of an Application filed in the First Hall Civil Court, in the names Advocate Dr Malcolm Mifsud in the name and in representation of the foreign company MEDA Pharma GmbH & Co, KG of Germany vs Joseph Cassar Limited (C 2510) on the 19th April 2012, the applicant Dr Malcolm Mifsud noe, asked the defendant to state why this Court should not:
1. pass on to decide on the demand of the plaintiff nomine, without proceeding to a hearing in terms of Article 167 of Cap. 12, condemn the defendant to pay the plaintiff the sum of forty thousand one hundred and eight Euro and eight cents (€40,108.08) amount due by for reasons mentioned in the application.
With costs ...omissis... and interests of 8% from the 28th November 2008, against the defendant company summoned so that a reference to its evidence be made.
Applicant: 123, Melita Str, Valletta.
Respondent: 48, Mill Street, Qormi, QRM 03.
The Sworn Application in the names Mifsud Malcolm Dr noe vs Joseph Cassar Limited, application number 400/2012 SM, has been put off for hearing to the 14th November 2012, at 9.00 a.m.
Adv. Frank Portelli, LL.D.
For the Registrar, Civil Courts and Tribunals
Bann for Curators
1569Republic of Malta
To the Marshall of the Court
By means of a decree by this Court, on the 14th November 2011, following a request of HSBC Bank Malta plc, it was ordered that Deputy Curators be chosen to represent Luciano Bellia,in the records of the judicial letternumber 3593/2011, in the names ‘HSBC Bank Malta p.l.c. vs Deputy Curators and in the relative and subsequent acts.
By means of a Judicial Letter filed in the Civil Court First Hall, in the names, HSBC Bank Malta p.l.c. (C 3177) vs deputy curators appointed to represent the absent Luciano Bellia (Italian Passport Number P 242027) on the 8th November 2011, the company HSBC Bank Malta p.l.c. (C 3177) of 32, Merchants Street, Valletta, within which there was amalgamated HSBC Home Loans (Malta) Ltd, brings to your formal notice the fact that on the day of the 27th October 2011, you were in delay in the payments of loan given to you in virtue of a contract in the records of Notary Dr Elena Farrugia, dated 28th October 2005, in the amount of €52,806.94. This sum of arrears is increased by €3,972.42 monthly after that date.
In terms of the same contract you lose the benefit of time given to you and the balance of €667,879.43 besides interest if you do not bring the arrears up to date within fifteen days (15) from the service of this letter.
This letter serves to interrupt prescription and is thus required by law in terms of Article 2128 of the Civil Code (Cap. 16 of the Laws of Malta).
So much so that you may know how to regulate yourselves.
With costs.
Respondent: Deputy Curators, Courts of Justice, Valletta.
You are therefore ordered to affix an official copy of this bann 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 this bann, you are to inform forthwith this Court.
Given by the Civil Court First Hall above mentioned with the witness of the Hon. Mr Justice Anthony Ellul, LL.D., Doctor of Laws.
Adv. Frank Portelli, LL.D.
For the Registrar, Civil Courts and Tribunals
Bann for Curators
1570Republic of Malta
To the Marshall of the Court
By means of a decree by this Court, on the 13th August 2012, following a request of Advocate Dr Louis Bianchi noe, it was ordered that Deputy Curators be chosen to represent the respondent Mega Atlas, in the records of the Sworn Application number 801/2012MCH, in the names Advocate Dr Louis Bianchi noe vs Deputy Curators and in the relative and subsequent acts.
By means of the Sworn Application filed in the First Hall Civil Court, in the names Advocate Dr Louis Bianchi (I.D. 27347M) as special mandatary of the foreign company Lacoste SA of 8, Rue de Castiglione, 75001, Paris, Francevs Deputy Curators, to represent Mega Atlas, 282, Angle Rue, Strasbourg et Boulevard de La Resistance, Casablanca, Morocco, on the 8th August 2012, the applicant Adv. Dr Louis Bianchi noe, asked this Honourable Court so that:
1. it declares that the objects consisting in, on which there are the signs LACOSTE and the particular designs of a crocodile-Crocodile, consisting in 2800 pairs of shoes ( sport shoes) - and which are presently under the Authority of the Comptroller of Customs after he suspended the release of the container No. TGHU 8221200 containing the said articles, contravene the rights of intellectual property of the applicant company as regards its trade marks with the numbers indicated in this application.
2. order the Comptroller of Customs to dispose of the said merchandise outside the channels of commerce in such a manner as to preclude any damage to the applicant company or order the Comptroller of Customs to destroy those objects in any case without any compensation to the defendant Mega Atlas 282, Angle Rue, Strasbourg et Boulevard de La Resistance, Casablanca, Morocco and at the expense of the defendant.
3. order the Comptroller of Customs to take regarding those objects any other measure that shall have the effect to deprive the defendant from the economic benefits of the transaction.
4. to order that the defendant is to bear all the expenses in connection with the measures ordered in terms of the second and third demands of the plaintiff including those of transport of the said objects for storage in Malta and transport from the place of storage till the place of eventual destruction.
With costs against the defendant summoned so that a reference to its evidence be made.
List ofWitnesses.
List of Documents.
Applicant: 17/3, Triq Sir Augustus Bartolo, Ta’ Xbiex.
Respondent: Courts of Justice, Valletta.
You are therefore ordered to affix an official copy of this bann 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 ahould encounter any difficulty in the execution of this bann, you are to inform forthwith this Court.
Given by the Civil Court First Hall above mentioned with the witness of the Hon. Mr Justice Gino Camilleri, LL.D., Doctor of Laws.
Adv. Frank Portelli, LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 1571
1571By means of a decree given by the Civil Court (Family Section) in the records of the Sworn Application, in the names Stephen Spiteri I.D. 75186(M) vs Sharon Spiteri ID 203476(M) application number 342/2010 AL , the following publication was ordered for the purpose of service of the respondent, in terms of Article 187(3) of Cap. 12.
By means of an Application filed in the Civil Court (Family Section) in the records of the Application abovementioned in the names Stephen SpiteriI.D. 75186(M) vs Sharon Spiteri I.D. 203476M, the applicant Stephen Spiteri humbly pleaded;
That this Honourable Court reduced the maintenance that the applicant bound herself to pay from Eur 400 monthly to Eur 200 monthly provisionally for three months and gave the applicant once again the opportunity to pay only €200 monthly for another two months.
That the following documents are being presented whichshow that the applicant genuinely lost his employment and in the meantime he is trying to find work.
1) Dok D ...omissis...
That until the applicant finds work he wishesthat this Honourable Court extends the same decree and suspends the obligation that he pays Eur 400 monthly and confirms the preceeding decree of Eur 200.
Thus in view of the proof produced the applicant humbly prays that this Honourable Court extendes its decree that the applicant pays the sum of Eur 200 monthly as maintenance for the children.
Notify: Sharon Spiteri I.D. 203476(M).
Adv. Frank Portelli,LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 1572
1572By means of a decree of the Small Claims Tribunal of6th July 2012, 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).
Michael Attard Limited (C-32362) of National Road, Blata l-Bajda filed a Claim on the 22nd May 2012 whereby they asked the Tribunal to condemn Mary Claire Portelli (I.D. 322572M) and Anthony Portelli (I.D. 458660M) of 98, Triq Santa Liena, Birkirkara, to pay the plaintiff company the sum of €2706.04 which amount is due to the plaintiff company.
With costs andinterest.
The case (Claim Number 384/12DMA) is put off on the 10th October 2012 at 12.30 p.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1573
1573By means of a decree given by the First Hall Civil Court, on the 12th September 2012, in the records of the Sworn Application in the names Josephine Camilleri (I.D. 504671M) vs Jesmond Quirolo (I.D. 86066M) application number 792/2012 JA, the following publication was ordered for the purpose of service of the defendant, in terms of Article 187(3) of Cap. 12.
By meansof an Application filed in the First Hall Civil Court, in the names Josephine Camilleri (I.D. 504671(M) vs Jesmond Quirolo (I.D. 86066(M) on the 7th August 2012, the applicant Josephine Camilleri asked this Honourable Court:
1. to declare that the defendant committed a violent spoiliation to the detriment of the plaintiffin the way he acted as stated in the application, order the defendant so that within a short and peremptory period he vacates the premises‘Jes Farmhouse’ in Sqaq il-Merħla, Żejtun and uphold the other demands in the application.
Saving any other action for damages against the defendant.
With costs, against the defendant from now summoned so that a reference to his evidence be made.
Applicant: c/o 2, Triq San Lawrenz, Senglea.
Respondent: Jes Farmhouse, Sqaq il-Merħla, Żejtun.
The Sworn Application in the names Josephine Camilleri vs Jesmond Quirolo, application number 792/2012 JA has been put off for hearing to the 19 th November 2012, at 9.45 a.m.
Adv. Frank Portelli,LL.D.
For the Registrar, Civil Courts and Tribunals