Court Notices published in Govt. Gazette No. 19,352 of 05 December 2014

Itis being notified that by a decree dated 27th November, 2014, given by theCourt of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate DrAudrey Demicoli LLD), Compilation number 702/2014 in the case:

ThePolice

(InspectorAnna Marie Xuereb)

Versus:

AntoineGambin, 44 years, employed, son of the late Louis and Maria Carmela néeQuintano, born in Ħ’Attard, Malta, on the 20th December, 1969, residing at BaySquare Court, Apartment 1/4, St Anthony Street, Buġibba, Malta, and holder ofMaltese identity card bearing number 9170M.

Orderedthe attachment in the hands of third parties in general of all monies and othermovable property due to, or pertaining, or belonging to Antoine Gambin, andprohibits the said accused from transferring, pledging, hypothecating, orotherwise disposing of any movable or immovable property, and this according toArticle 5 of Cap. 373 of the Money Laundering Act of the Laws of Malta, in accordancewith Article 23A (2) of Cap. 9 of the Laws of Malta on the amount of onehundred and thirty-five thousand and four hundred and forty Euro (€135,440).

Authorisedthe said accused to continue to perceive the salary from his job with VismednetAssociation, which amount must not accede the sum of €13,976.24c per yearaccording to law.

Marvic Psaila

DeputyRegistrar Criminal Courts and Criminal Tribunals (Malta)

Bya decree given by the Civil Court First Hall, on the  29th October, 2014,  on the application of Tapram Limited,Wednesday, 14th January, 2015, at eleven o’clock in the morning, has been fixedfor the Sale by Auction  to be held atgarage in Sqaq il-Beċċun, Ħal Qormi, of the following items seized from theproperty of Tabone Justin.

Thevehicle of the make Isuzu, blue in colour, with the registration number DAD179, and vehicle of the Opel Corsa green in colour with the registration numberKIT 222.

N.B.The said vehicles will be sold asdescribed in the judicial acts number 31/14.

Marvic Farrugia

Forthe Registrar of Civil Courts and Tribunals

Itis being notified that by a decree dated 26th November, 2014, given by theCourt of Magistrates (Malta) as a Court of Criminal Inquiry  (Magistrate Dr Miriam Hayman LLD),  Compilation number 195/2013 in the case:

ThePolice

(InspectorJohann J. Fenech)

Versus:

DemitriusCatania, 47 years, Cab Driver, son of the late Lawrence and Carmela néeMicallef, born in Tal-Pietà, Malta, on the 18th October, 1966, residing at‘Carmen’,  Flat 2, Serkin Street, Marsa,Malta, and holder of Maltese identity card bearing number 5867M.

Ordered the attachment in the hands of third parties ingeneral all monies and other movable property due, or pertaining, or belongingto Demitrius Catania, and prohibits the said accused from transferring,pledging, hypothecating, or otherwise disposing of any movable or immovableproperty, and this according to Article 22A of the Dangerous Drugs Ordinance,Cap. 101 of the Laws of Malta, and of Article 23A of the Criminal Code, Cap. 9of the Laws of Malta.

Marvic Psaila

DeputyRegistrar Criminal Courts and Criminal Tribunals (Malta)

Itis being notified that by a decree dated 27th November, 2014, given by theCourt of Magistrates (Malta) as a Court of Criminal Inquiry  (Magistrate Dr Miriam Hayman LLD),  Compilation number 819/2014 in the case:

ThePolice

(InspectorGabriel Micallef)

Versus:

ErikaVella, 27 years, unemployed, daughter of Mario and Rita née Zahra, born inTal-Pietà, Malta, on the 27th September, 1986, residing at 148, St Anthony,Flat 2, St Albert Street, Gżira, Malta, and holder of Maltese identity cardbearing number 438186M.

Orderedthe attachment in the hands of third parties in general all monies and othermovable property due, or pertaining, or belonging to Erika Vella, and prohibitsthe said accused from transferring, pledging, hypothecating, or otherwisedisposing of any movable or immovable property, and this according to Article22A of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta, and ofArticle 23A of the Criminal Code, Cap. 9 of the Laws of Malta.

Authorisedthe accused that apart from the benefit she already receives she can utilisethe sum of thirteen thousand, nine hundred and seventy-six Euro and twenty-fourcents (€13,976.24) per year. The accused holds an HSBC Bank account with number039 100 77 1050.

Marvic Psaila

Deputy Registrar Criminal Courts and Criminal Tribunals(Malta)

Bymeans of a decree given by the First Hall Civil Court, on the 26th November,2014, in the records of the Sworn Application, in the names Tabone Catherine Drvs Vassallo Cynthia et, and by a decree of the 12th September, 2012, acorrection was authorised in the surname of the defendants which is toread  Ruggier Vassallo, applicationnumber 655/11  JA, the followingpublication was authorised for the purpose of service of the respondent CynthiaVassallo in terms of Article 187 (3) et. seq. of Cap. 12.

Bymeans of a Notice of hearing of a cause which was set down again for hearingissued by the  Registry Superior Courts,on Friday, 9th May, 2014, the cause Application number 655/11 JA, in the namesTabone Catherine Dr vs Vassallo Cynthia et, which was appointed for hearing onthe 16th November, 2011, and was put off Sine Die, on the 31st January, 2014,was set down again for hearing on Wednesday, 18th June, 2014, at 9.30 a.m. andput off to the 21st January, 2015, at 9.30 a.m.

Defendant:Cynthia Vassallo, ‘Sunflower’, Triq il-Ferrovija, Ħ’Attard.

CynthiaVassallo, 49, M4 Flats, Triq il-Ferrovija, Ħ’Attard.

TheSworn Application in the names Tabone Catherine Dr vs Vassallo Cynthia et, ascorrected by the decree above mentioned of the 12th September, 2012,application number 655/11 JA, has been deferred for hearing to the 21stJanuary, 2015, at 9.30 a.m.

Adv. Frank Portelli, LLD

Forthe Registrar Civil Courts and Tribunals

Bya decree given by the Civil Court First Hall, on the 6th October, 2014, on theapplication of Nisso Limited, Tuesday, 16th December, 2014, at half past ten inthe morning, for the Sale by Auction to be held on the first floor, Courts ofJustice, Republic Street, Valletta, of the following property:

Theapartment internally marked number four (4), on the second floor, forming partof a block of apartments consisting of basement and semi-basement garagesunderlying six floors. The apartment is overlying and underlying by property ofthird parties, forming part of a block of apartments named ‘Antonin’, in Triq Sant’Agatha, Sliema. The property is free and unencumbered, valued at one hundredsixty-seven thousand Euro (€167,000).

Thesaid tenement is the property of Unibuild Company Limited.

N.B.The said tenement will be sold as described in the judicial sales act 100/2013.

Rudolph Marmarà

Forthe Registrar Civil Courts and Tribunals

Bymeans of a decree given by the First Hall Civil Court, on the 28th October,2014, in the records of the Application, Adv. Nicolai Vella Falzon (ID 114474M), as duly authorised as specialmandatory of Deutsche Bank Nederland N.V. vs Bergen Shipping Limited et,Application number 643/2014 SM, the following publication was ordered for thepurpose of service of the companies Bergen Shipping Limited and Marten ShippingLimited in terms of Article 187 (3) et. seq. of Cap. 12.

Inthe First Hall Civil Court

AdvocateDr Nicolai Vella Falzon (ID  114474M), asduly authorised as special mandatory of Deutsche Bank Nederland N.V.(previously New HBU 11 N.V.), of De entree 99-197, 1101 HE Amsterdam Zuidoost,Olanda vs (1) Bergen Shipping Limited (C 31901); (2) Marten Shipping Limited (C27390); (3) Skagen Shipping Limited (C 22480); (4) Hagen Shipping Limited (C43282); (5) Linden Shipping Limited (C 34552); (6) Norden Shipping Limited (C31899); (7) Vengen Shipping Limited (C 31897); (8) Ahilleos Maritime Limited (C22449), all of 126, Atocia Street, Ħamrun; and (9) Edmond Mugliette (ID 661762M) of 126, Atocia Street, Ħamrun, ascurator on behalf and in representation of the foreign company Aspen MaritimeInvestment Inc., a company registered in the Marshall Islands with an officialaddress, The Trust Complex, Ajeltake Road, Ajeltake Island MH 96960, MarshallIslands.

Applicationof Adv. Dr Nicolai Vella Falzon nomine.

Respectfullypleads:

That the interpellant is duly authorised to present thisapplication in the name and in representation of the applicant Bank DeutscheBank Nederland N.V. by means of a power of attorney issued and signed in hisfavour on the 4th June, 2014, a copy of which is hereby attached and markedDoc. DB1.

Thatthis application is being made in terms of Regulation 17 et sequitur of theRules Regarding the Practice and Procedure of Courts and Good Order  (L.S. 12.09), and of the Council Regulations(KE) number 44/2001, of the 22nd December, 2000, regarding jurisdiction andrecognition and execution of judgements in civil and commercial matters.

Thatby means of a judgement of the District Court of Rotterdam (Rotterdam DistrictCourt), given on the 24th June, 2014, an official copy and translation in theEnglish language hereby annexed and marked Doc. DB2, the applicant Bank wasconfirmed a creditor of the respondents in solidum in the amount of twenty-twomillion, one hundred sixty-one thousand, nine hundred thirty-eight AmericanDollars (USD 22,161,938), besides annual compound interest at a three monthrate LIBOR + 4.25% + 3% calculated from the 15th March, 2014, till the date ofeffective payment, as well as the amount of twenty-one thousand, three hundredand five American Dollars (USD 21,305), together with annual compound interestat a three month rate EURIBOR + 4.25% +3% calculated from the 15th March, 2014,till the date of effective payment, as well as the costs of the cause in thesame names in the amount of one thousand five hundred and one Euro andfifty-two cents (€1,501.52).

Thatfor the purposes of Regulation number 44/2001 KE, (namely Article 54 and 55 ofthe same Regulation), the interpellant nomine is exhibiting with thisapplication the certificate mentioned in the Annex V of Regulation number44/2001/KE regarding a judgement of the District Court of Rotterdam, dated 24thJune, 2014 (Doc. DB3).

Thatin terms of Article 32 of the Regulation number 44/2001 /KE, the judgementmentioned is to be recognised and should be executable in Malta without thenecessity of a special procedure, and should be declared executableimmeditately on the completion of the formalities in Article 53 of the sameEuropean Regulation, and namely as soon as a party presents an application likethe present one, and produces a copy of the order or decision as annexed withthis application.

Thatthe applicant has an interest to execute the judgement mentioned against therespondents or either of whom in Malta.

Thusand for the reasons above premised, the interpellant nomine prays with respectthat this Honourable Court orders the execution in Malta of the judgement ofthe District Court of Rotterdam (Rotterdam District Court), given on the 24thJune, 2014, and authorise the same applicant nomine to execute the same againstthe respondents or either of whom with the all faculties and rights thatMaltese law grants for the execution of judgements in Malta.

Withall costs, including those of this application against the respondents.

Listof Documents

Doc.DB1. A copy of the power of attorney dated 4th June, 2014.

Doc.DB2. An official copy and translation to the English language of the judgementof the District Court of Rotterdam (Rotterdam District Court), given on the24th June, 2014.

Doc.DB3. Annex V of the Regulation number 44/2001/KE regarding the judgement of theDistrict Court of Rotterdam, dated 24th June, 2014.

CivilCourt First Hall

Hon.Mr Justice Silvio Meli, LLD

Applicationnumber 643/2014 SM

Adv.Dr Nicolai Vella Falzon noe vs Bergen Shipping Ltd et.

TheCourt

Havingseen the Application

Forthe reasons brought forward, whilst revoking the preceeding decree dated 31stJuly, 2014, upholds the applicant’s request nomine dated 22nd July, 2014.

Service:Bergen Shipping Limited, 126, Atocia Street, Ħamrun.

MartenShipping Limited, 126, Atocia Street, Ħamrun.

Registrarof the Superior Courts, today 2nd December, 2014.

Adv. Frank Portelli, LLD

For the Registrar Civil Courts and Tribunals

Bymeans of a decree given on the 18th November, 2014, by the Civil Court (FamilySection), in the records of the Letter of Mediation number 1320/14 ‘BOB’, inthe names Buhagiar David vs Delia Lisa, the following publication was orderedfor the purpose of service of the respondent in terms of Article 187 (3) et.seq. of Cap. 12.

Bymeans of an Application filed in the Civil Court (Family Section), in therecords of the Letter of Mediation number 1320/14 ‘BOB’, in the names DavidBuhagiar (ID 481078M) vs Lisa Delia (ID 551677M), on the 23rd October, 2014,the applicant David Buhagiar respectfully pleaded:

Maintenance.

1.That the parties had reached agreement regarding the maintenance and the careand custody of the minor by means of a private writing which was approved byDecree number 2211/11 AL, and subsequently the mediation was declared closed onthe 24th November, 2011.

2.That according to this agreement applicant agreed to pay maintenance for theminor in the sum of €75 weekly.

...........omissis...........

3.That when this agreement was made in the year 2011, the applicant had a goodincome from his business.

...........omissis...........

4.That subsequently various developments took place on the market such as accessto films and music on the internet ...omissis... and these factors reduceddrastically the sale of these objects. Infact from the year 2012, the income of the applicant was drastically reduced.

5.That apart from this minor girl, the applicant maintains his son aged 14.

...........omissis...........

6.That however, the applicant tried to pay the maintenance as he is bound to do.However,  it is his humble opinion  that the maintenance of €300 monthly apartone half of the education expenses extra-curricular and medical is a high anddisproportionate maintenance,  andfurthermore today he cannot financially afford these amounts.

7............omissis...........

8.That the fraudolent character of the respondent clearly emerges, and it cannotbe that the applicant goes through great inconvenience every time to go roundall the establishment to verify the veracity or not of the receipts.

...........omissis...........

9.That as already stated, the applicant cannot afford the maintenance on which heagreed in the year 2011, and that today the amount he can afford is of €200monthly ...omissis... the respondent works and offers the services of abeautician.

Careand Custody.

10.That according to Article 2 and 3 of the private writing mentioned andpresented, the applicant has free access, and saving any other agreement whichcan be reached by them, they are agreeing that the applicant has a miniumaccess of twice weekly.

11.That without any valid reason on various occasions, the applicant was notallowed to see the minor girl,  andvarious reports to the police were made.

12.That the words ‘saving any other agreement which can be reached by them’ iscreating confusion, and are being used by the respondent in order not to allowthe applicant to exercise access.

13.Thus, the applicant wishes that the Court orders that the applicant shall havean established access every Monday and Thursday from quarter to five in theafternoon till eight in the evening.

Thus,the applicant humbly prays that this Honourable Court for the reasons broughtforward:

(i)Revoke Article 5 of the private writing between the parties which was approvedby Decree number 2211/11 AL.

(ii)Revoke Article 6 of the private writing between the parties which was approvedby Decree number 2211/11 AL.

(iii)  In view of the revocation of Article 5 and 6as demanded by the applicant in the demands (i) and (ii) above brought forwardorder the applicant to pay maintenance of €200 monthly which is paid on thefirst day of every month ...omissis... or inferior sum to that established inthe private writing herein discussed which this Honourable Court deems fit andopportune.

(iv)Order that the applicant shall have access to the minor every Monday andThursday from quarter to five in the afternoon till eight in the evening.

Savingany other provision it deems opportune.

Applicant:11, Triq Zammit Clapp, Pietà.

Respondent:Flat 5, Block A, Class Courts, Danny Cremona Street, Ħamrun.

Adv. Frank Portelli, LLD

Forthe Registrar Civil Courts and Tribunals

Bymeans of a decree given by the First Hall Civil Court, on the 16th October,2014, in the records of the Sworn Application, in the names Mifsud Jason vsUlusoy Zafer et, application number 506/14 AF, the following publication wasordered for the purpose of service of the defendant in terms of Article 187 (3)et. seq. of Cap. 12.

Bymeans of a Sworn Application filed in the First Hall Civil Court, in the namesJason Mifsud (ID 519776M) vs Zafer Ulusoy (ID 37874A), and Meltem Ulusoy,Turkish Passport number 633218, on the 10th June, 2014, the applicant JasonMifsud (ID 519776M) asked this Honourable Court saving any opportunedeclaration:

Todeclare that the bill of exchange dated 10th June, 2009, lapsed, and thus thesum of thirteen thousand nine hundred seventy-six Euro and twenty-four cents(€13,976.24) is due to the applicant, and uphold the other demands in theapplication.

Withcosts against the respondents summoned so that a reference to their evidence bemade.

Services:Zafer Ulusoy, B5, Acacia Avenue, Triq ir-Ratal, Swieqi.

MeltemUlusoy, B5, Acacia Avenue, Triq ir-Ratal, Swieqi.

TheSworn Application in the names Mifsud Jason vs Ulusoy Zafer et, applicationnumber 506/14 AF, has been deferred for hearing to the 4th February, 2015, at9.00 a.m.

Adv. Frank Portelli, LLD

Forthe Registrar Civil Courts and Tribunals

Bymeans of a decree of the 1st December, 2014, given on an application of CharlesDifesa and others, filed on the 28th of November, 2014, in the records ofdecree number 826/2014, wherein it was ordered the Publication of the Inventoryof the late Michelle Difesa (ID 113273M), daughter of Charles Difesa andMargaret née Mifsud, born in Pietà and died at Xagħra, Gozo, on the 27th ofMarch, 2014, aged 39 years.

Thispublication is going to be held on Tuesday, the 16th of December, 2014 at sixhours thirty minutes past mid-day, at the office numbered 107, Church Street,Paola, under the Ministry of Notary Dr Joe Cilia.

Marcel Bugeja

For the Registrar Civil Court and Tribunals