Court Notices published in Govt. Gazette No. 19,395 of 20 March 2015

By means of two decrees of the Small Claims Tribunal, ofthe 15th September, 2014, and the 20th November, 2014, the publication of the following extract was ordered for the purpose of service in terms of Article 187 (3) and (5) of the Code of Organisation and Civil Procedure (Cap. 12).

Mobisle Communications Limited (C 24655), ofFra Diego Street, Marsa MRS 1501, filed a Claim, on the 3rd March, 2014, whereby they asked the Tribunal to condemn Albert, known as Robert Borg (ID 838147M), ofQawra Inn, Flat 600, Triq it-Tamar, San Pawl il-Baħar, and Valentin Gruev Grigorov (ID 23087A), in rappresentation of British Jet Ltd (C25698), ofMagro, Flat 4, Triq in-Nakkri, San Pawl il-Baħar,to pay the plaintiff company the sum of€1,783.88 which amount is due to the plaintiff company.

With costs and legal interests.

The case (Claim Number 141/14YMS) is deferred for the 26th March, 2015 at 12.30 p.m.

Alexandra Debattista

For the Registrar Civil Courts and Tribunals

By a decree of the Small Claims Tribunal, of the 12th February, 2015, 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).

Vodafone Malta Limited(C 10865), of Skyparks Business Centre, Malta International Airport, Ħal Luqa LQA 4000, filed a Claim, on the 12th January, 2015, whereby they asked the Tribunal to condemn Karl-Jos Dimech (ID 155894M), ofLand Bridge, Flat 4A, Dawret il-Gżejjer, San Pawl il-Baħar, to pay the plaintiff company the sum of €943.97, which amount is due to the plaintiff company.

With costs and legal interests.

The case (Claim Number 25/15KPS) is deferred for the 23rd March, 2015 at 12.30 p.m.

Alexandra Debattista

For the Registrar Civil Courts and Tribunals

It is hereby notified in the virtue of the powers conferred on it by Article 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 28th day of May, 2014, and this after a written plea numbered 63/2014 ordered:

The correction of the Act of Birth of Maria Rosaria Polidano, bearing number 5428 of the year 1961, in that under the column titled ‘Names given’,and under the column titled ‘Name or names by which the child is to be called’, the name “Marija Ruzarja” is to be cancelled, and instead substituted by the name “Maria Rosaria”.

Janet Calleja

For the Registrar Court of Revision of Notarial Acts

By a decree of the Court of Magistrates (Malta), of the 26th May, 2014, the publication of the following extract was ordered for the purpose of service of the defendant Saviour Deguara in terms of Article 187 (3) of the Code of Organisation and Civil Procedure (Cap. 12).

By means of an application filed on the 29th January, 2014, in the names Maltacom plc versus Joseph Quattromani, and by a decree of the 27th February, 2002, Saviour Deguara was called into suit, whereby they respectfully pleaded and Doctor of Laws Ingrid Zammit Young duly authorised solemnly declare on oath that:

The case in the names above mentioned (Notice Number 5/02MM) decided by this Court on the 27th February, 2002, in the same case, the defendant was condemned by the applicant company, to pay the sum of Lm1,739.01 equivalent to €4,050.80 in connection with telephone service number 581437.

The plaintiff company changed its name to Go plc, and at the same time kept the same existent juridical personality because the number of registration at the Registrar of companies is the same, that is C 22334.

From the amount due, the defendant did not pay anything, and so the amount due is that of €565.67 as costs and professional fees according to the annexed tax marked Document A, and also €3,204.24 legal interest calculated with the rate of eight per cent (8%) per annum from the 27th February, 2002, till the 15th February, 2012, and so the amount due is that of €7,820.71 besides any other further interest till the date of effective payment.

As from the date of judgement more than five (5) years passed, and the plaintiff company has the interest to proceed with the opportune warrants to collect the amounts due to her.

Thus, whilst making reference to Article 258 et sequitur of the Code of Organisation and Civil Procedure (Cap. 12) of the Laws of Malta pleads with respect that this Honourable Court authorised it to proceed with the opportune warrants to execute the judgement in the names indicated.

Applicant: Go plc (C 22334), Triq Fra Diego, Marsa.

Service: Saviour Deguara, 61, Triq it-Torri San Ġwann, Birgu.

In the Court of Magistrates (Malta)

Magistrate: Dr Marseann Farrugia, LLD

Notice Number 30/14MF

Maltacom plc vs Joseph Quattromani et

The Court

Saw the application

Orders the service to the defendant and to person called into the suit who have twenty (20) days for a reply from the day of notification, and appoints the application for hearing for the sitting of the 26th May, 2014, at 10.30 a.m. for all the evidence of the parties. The case is postponed to the 23rd March, 2015 at 9.30 a.m.

Alexandra Debattista

For the Registrar Civil Courts and Tribunals

By means of a decree given by the First Hall Civil Court, on the 23rd February, 2015, in the records of the Sworn Application, in the names Gasan Mamo Insurance Limited vs Spiteri Mel et, application number 72/15 LM, the following publication was ordered for the purpose of service of the defendants in terms of Article 187 (3) et. seq. of Cap. 12.

By means of a Sworn Application filed in the First Hall Civil Court, in the names Gasan Mamo Insurance Limited (C 3143) vs (1) Mel Spiteri (ID 559892M), and (2) Victor Spiteri (ID 533161M), on the 27th January, 2015, the applicants asked this Honourable Court:

To declare the defendants in solidum and between them responsible for the violation of the terms and conditions of the insurance policy issued by the applicant company in the name of the defendant Victor Spiteri, in regard to the vehicle with registration number FTO-050, declare the defendants debtors of the applicant company in the amount of sixteen thousand, two hundred seventy-five Euro and twenty-four cents (€16,275.24), representing amount paid by the plaintiff company to the heirs of Elizabeth Whilems, including damages, legal expenses and VAT in terms of Article 10 of Cap. 104 of the Laws of Malta, and uphold the other demands in the application.

With costs and legal interests as demanded against the respondents summoned so that a reference to their evidence be made.

Notify defendants: 1. Mel Spiteri, 57, El Shaddai, Triq Francesco Buhagiar, Birkirkara.

2. Victor Spiteri, 57, El Shaddai, Triq Francesco Buhagiar,Birkirkara.

The Sworn Application in the names Gasan Mamo Insurance Limited vs Spiteri Mel et, application number 72/15 LM, has been deferred for hearing to the 13th April, 2015, at 9.45 a.m.

Adv. Frank Portelli, LLD

For the Registrar Civil Courts and Tribunals

IT IS BEING NOTIFIED that by a decree dated 13th March, 2015, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry(Magistrate Dr Antonio Micallef Trigona, LLD), Compilation number 281/2015 in the case:

The Police

(Inspector Jonathan Ferris)

Versus:

GODWIN JOSEPH SANT, 44 years, Engineer, son of Alfred and Maria Dolores née Vella, born in Tal-Pietà, Malta, on the 6th April, 1970, residing at number 55, Emigranti Street, Naxxar, Malta, and holder of Maltese identity card bearing number 171270M.

ORDERED the attachment in the hands of third parties in general of all monies and other movable property due to, or pertaining, or belonging to Godwin Joseph Sant, and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property, and this according to Article 5 of Cap. 373 of the Money Laundering Act of the Laws of Malta, in accordance with Article 23A of Cap. 9 of the Laws of Malta.

AUTHORISED that the accused Godwin Joseph Sant can perceive an amount which will not exceed thirteen thousand, nine hundred and seventy-six Euro and twenty-four cents (€13,976.24) per year.

Marisa Borg

Deputy Registrar Criminal Courts and Criminal Tribunals (Malta)

By means of a decree given on the 2nd February, 2015, by the Court of Appeal, in the records of the Appeal Application, in the names Dylan Azzopardi vs Peter Zammit, Appeal Application number 955/13 JRM, the following application was ordered for the purpose of service of the respondent Dylan Azzopardi in terms of Article 187 (3) et. seq. of Cap. 12.

By means of an Appeal Application filed in the Court of Appeal, in the names Dylan Azzopardi vs Peter Zammit, Decided 9/4/2014, the applicant Peter Zammit (ID 374870M), respectfully pleaded:

That the appellant had on the 3rd October, 2013, been notifiedby a Judicial Letter according to Article 253 of Cap. 12 of the laws of Malta, Judicial Letter number 2987/13, and presented by Dylan Azzopardi in the Registry of the First Hall Civil Court, on the 1st October, 2013, in which letter the said Dylan Azzopardi had called upon him to pay him the sum of €60,000, besides legal interest from the date of maturity of each bill of exchange till the date of effective payment.

That in virtue of his application of the 4th October, 2013, in terms of Article 253 (e) of Cap. 12 of the Laws of Malta, the appellant had declared that there are grave and valid reasons so that he opposes the execution of that bill of exchange.

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That in virtue of its interlocutory decree, of the 9th April, 2014, the Honourable First Court reached the conclusionthat the reasons broughtby the appellant debtor why the execution of the bill of exchange should have been stopped were not valid reasons to stop the execution of the bill of exchange.

That the grievance is clear and manifest, and consists in the following:

1. That the Honourable first Court made an incorrect assessment of the evidence given during the pleading of the application when it was amply provedthat the proof broughtwas not only prima facie as actually required by law in a similar application, but even on a basis of probability the evidence brought forward by the appellant Peter Zammit should have been accepted.

(a)It appears as though the Honourable First Court did not consider as it should have the evidence of the applicant that the amount indicated in the bill of exchange was burdened with usury as it is not the case, that the amount lent was of €60,000, but only of €55,000.

(b) The Honourable First Court did not consider also the evidence of the applicant, as well that of the undersigned Advocate Kenneth Grima, who from when the loan was made till legal procedures were instituted by Dylan Azzopardi ...omissis... the applicant appellant had already paid him around €20,000.

(c) The Honourable First Court did not take care of the fact which was confirmed not only by the applicant appellantby Advocate Kenneth Grima, but also by Dylan Azzoppardi and Inspector Daniel Zammit, that before the procedures by Dylan Azzopardi were commenced by Dylan Azzopardi, had abusively divested the appellant from the possession of the vehicle BMW which the applicant had purchased from a third party, this behaviour on the part of Dylan Azzopardi cannot but mean another payment on account from the sum indicated in the bill of exchange.

(d) The Honourable First Court did not give importance which should have been given to the fact that on that day the bill of exchange merit of these procedures was signed ...omissis... Peter Zammit was a married man,and thus his wife had to sign ...omissis... and thus there is a valid reasonso that the Court ofFirst Instance should not pass to confirm the executionbut should have passed to uphold the request of Peter Zammit, and thus stop the execution.

(e) It is also stated the Honourable First Court had before it the proof that time before the procedures were commenced, Peter Zammit had declared to the Police all that he had confirmed under oath during these procedures that the amount mentionedin the bill of exchange had included in it an extrafive thousand Euro, and thus was tainted with usury whilst he had declared that Dylan Azzopardi had paid him a substantial part of the amount lent ...omissis... and in part when he took the BMW abusively from Zammit he received about half that given on loan, however he still expectedto be paid the sum of €60,000 with interest on the same from the date of maturity of the bill of exchange.

(f)That in the last place, it is stated that the Honourable First Court based its decision that the appellant did not manage to prove that there was usury, there was payment on account that there was payment differently when Azzopardi proceeded abusively took from the appellant possession of the vehicle BMW on which the appellanthad already made payment on account the sum of €4,000 not as it hadon the basis of prima facie, but on the basis of balance of probability.

Thus and for the reasons premised in the application, and whilst the applicant refers to all the proof produced, and reserves the right to bring all the proof admissible prays with respect that this Honourable Court revokes the decree given by the First Court, on the 9th April, 2014, in virtue of which, this Court had rejected the demand of applicant Peter Zammit for the suspension of the execution of the bill of exchange to which the judicial letter of the 1st October, 2013, refers with costs.

With costs both of the interlocutory decree, as well of the appeal against Dylan Azzopardi.

Notify: Dylan Azzopardi, 46, Okella Agius, Triq Ħal Qormi, Ħamrun.

Adv. Frank Portelli, LLD

For the Registrar Civil Courts and Tribunals

By means of a decree given by the Civil Court (Family Section), on the 6th January, 2015, in the records of the Sworn Application, in the names Stefania Eminyan proprio et nomine vs Matthew Caruana Smith, application number 397/10 AL, the following publication was ordered for the purpose of service of the plaintiff in terms of Article 187 (3) et. seq. of Cap. 12.

By means of a Sworn Application filed in the Civil Court (Family Section), in the records of the Sworn Application number 397/10 AL, in the names Stefania Eminyan proprio et nomine vs Matthew Caruana Smith, on the 31st October, 2014, the applicant Matthew Caruana Smith (ID 326885M), respectfully pleaded:

That this cause is differed to the 6th November, 2014, for the continuation of the defendant’s proof.

That the plaintiff filed an application whereby she demanded that the costs are to be divided half and half between the parties, and this Court by means of a decree of the 22nd October, 2014, upheld the demand.

That thus, the applicant was ordered to pay one half of the expenses of the minor.

That the applicant feels aggrieved by this decision.

That the said decision on this point certainly can effect the final outcome of this cause.

That the applicant submits that maintenance of €230 monthly should cover every expense.

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The plaintiff did not ever consult the applicant to see whether he is in a position to pay these expenses.

It was the respondent alone who took these decisions without ever consulting the plaintiff.

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That it cannot be that the plaintiff expects to receive any further contribution when she already receives a substantial contribution from the applicant for health and education, and at the same time still hides from the defendant any information she is bound to pass to him.

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That there were various suggestions and proposals made by the applicant so that the parties reach an agreement, and this as results from the applicant’s affidavit.

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That Article 25 of Cap. 16 of the Laws of Malta there is stipulated that this Honourable Court can condemn the defendant to give provisional maintenance in a sum which is enough for the necessities, thus the decree which binds the applicant to pay other expenses which are not part of the maintenance could have never been given.

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Thus, the applicant humbly prays that this Honourable Court revokes contrario imperio the decree of this Honourable Court of the 23rd October, 2014, and according to the reasonable and opportune provisions.

Respondent: 239, Flat 7, Triq it-Torri, Sliema.

Adv. Frank Portelli, LLD

For the Registrar Civil Courts and Tribunals

By means of a decree given by the First Hall Civil Court, on the 10th March, 2015, in the records of the Sworn Application, in the names Bank of Valletta plc (C 2833) vs Vassallo Clint (ID 465985M), application number 352/14 AF, the following publication was ordered for the purpose of service of Antoine Vassallo in terms of Article 187 (3) et. seq. of Cap. 12.

By means of an Application presented in the records of the Sworn Application, in the names Bank of Valletta plc (C 2833) vsClint Vassallo (ID 465986M), Sworn Application number 352/14 AF, on the 30th July, 2014, the company Bank of Valletta plc respectfully pleaded:

That the defendant is a debtor of the plaintiff company in the sum indicated in the Sworn Application above mentioned, and namely in the sum of one hundred eighty-one thousand, nine hundred seventy-four Euro and fifty-three cents (€181,974.53), balance of debt in the ‘Current and Loan Accounts’ of Clint Vassallo with the Bank of Valletta plc ‘Doc. ‘C1 to C2’, ‘D1 to D4’, ‘E1 to E2’, ‘F1 to F2’and Doc.‘G’ filed with the Sworn Application together with further interest from the 19th March, 2014, till the date of effective payment.

That Clint Vassallo is absent from these Islands.

That Antoine Vassallo (ID 825847M) is the father of the defendant Clint Vassallo.

That thus, it is necessary to appoint Deputy Curators to represent Clint Vassallo in the proceedings.

Thus, the applicant company prays with respect that this Honourable Court saving service with the ussual bannsappoints as Deputy Curators to represent Clint Vassallo for the purposes of the Sworn Application above mentioned, and in all the relative and connected acts.

Applicant company: Bank of Valletta plc (C 2833), 1/5 Misraħ San Ġorġ, Valletta.

Notify with the Banns: Antoine Vassallo,‘RingLeader’, Triq il-Buskett, Ħad-Dingli.

The Sworn Application in the names Bank of Valletta plc vs Vassallo Clint, application number 352/14 AF, has been deferred for hearing to the 26th March, 2015, at 9.00 a.m.

Adv. Frank Portelli, LLD

For the Registrar Civil Courts and Tribunals

By a decree given by the Civil Court First Hall, on the 19th of February, 2015, on the application of Ciantar Ann Marie and Matthew Calleja, Thursday, 14th May, 2015, at noon, has been fixed for the Sale by Auction to be held at on the first floor, Courts of Justice, Republic Street, Valletta, of the following properties:

The maisonette numbered one hundred and twenty-five (125), on the first floor with its own airspace, in Triq Annibale Preca, Ħal Lija, and garage numbered fifteen (15), which forms part of a complex of garages, accessible from an unnamed street which leads to Triq Annibale Preca, Ħal Lija.

The value of the property is seventy thousand Euro (€70,000).

The said tenements are property Dr Anthony Cutajar and PL Liliana Buhagiar nominated Deputy Curators for the absent Elaine Attard Ogilvie and husband Gordon Ogilvie.

The said tenements have servitude and will be sold as described in the acts of the file number 16/12.

Rudolph Marmarà

For the Registrar Civil Courts and Tribunals

Republic of Malta

To The Marshall of the Court

By means of a decree by this Court, on the 9th February, 2015, following a request of Dr Michael Cuschieri noe, it was ordered that Deputy Curators be chosen to representthe foreign company Azure Resorts Limited, in the records of the judicial letter number 101/2015, in the names Dr Michael Cuschieri noe vs Deputy Curators, and in the relative and subsequent acts.

By means of a Judicial Letter filed in the First Hall Civil Court against Deputy Curators to represent the foreign company Azure Resorts Limited with registrationnumber 535716, of Omar Hodge Building, Wickham’s Cay Road Town, Tortola, British Virgin Islands, on the 13th January, 2015, Advocate Dr Michael Cuschieri, as special mandatory of the absent John Burgess and Rosemary, spousesAdams, of Birchley Mill, Bockleton Road, Tenbury, Wells WE 158PW, UK, refers you to the agreement entitled ‘Membership Application Agreement’ made between you and the interpellant on the 30th November, 2007, in terms of which the interpellants acquired in view of their participation in ‘Golden Sands Island Residence Club’, the exclusive right of accommodation for a period of a week each year in the premises with number 1416, which is situated in ‘Block A’, in the complex known as ‘Radisson SAS Golden Sands Resort & Spa’, under the facts and conditions included in the said agreement.

Whereas the interpellants in satisfaction of their obligations under the said agreement paid to you the following sums:

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That in view of the fact that the said agreement was concluded on the thirteeth (30th) of November, 2007, and in view of the nature of the terms and of the subject of the same agreement, there apply the provisions of Legal Notice number 269 of the year 2000 (Regulation 2000 regarding the Protection of Buyers in a Time Sharing Contract of Immovable Property).

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That in terms of regulation number 7.4 of the said Legal Notice.

7.4 ‘In each contract there should be a clause in the form stipulated in the Second Schedule which is attached to these regulations’.

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The clause that the regulation refers to hereunder reads:

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That in no part of the said agreement between you and the interpellant is there the necessary clause according to regulation number 7.4.

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That as a result of the default on your part to inform the interpellants regarding their rights, and as a result of the fact that the clause required by law was not stipulated in the contract, the interpellants entered the agreement under strong pressure made by your representatives or employees.

Thus in view of the premised, the interpellants nomine call upon you so that within seven (7) days you pay the said sum of fourteen thousand, eight hundred eighty-five pounds Sterling and eighty-eight cents (€14,885.88), equivalent to eighteen thousand, seven hundred fifty-eight Euro and forty- four cents (€18,758.44).

In default of this payment, further Court action shall be taken against you according to law without another prior notice.

So much so that you pay know how to proceed and regulate yourselves.

With interest and with costs.

Interpellants: Birchley Mill, Bockleton Road, Tenbury, Wells WE 158PW, UK.

Service: Deputy Curators to represent the foreign company Azure Resorts Limited, registration number 535716, of Omar Hodge Building, Wickham’s Cay Road Town, Tortola, British Virgin Islands.

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 Joseph Zammit Mckeon, LLD, Doctor of Laws.

Adv. Frank Portelli, LLD

For the Registrar Civil Courts and Tribunals

By a decree given by the Civil Court First Hall, on the 2nd March, 2015, on the application of Intercomp Marketing Limited (C 20612), Wednesday, 22nd April, 2015, at eleven in the morning, has been fixed for the Sale by Auction to be held at ‘Zachary House’, Qasam Industrijali, Marsa, of the following items seized from the property of Probe Technologies Limited (C 30550).

Safes grey in colour.

N.B. The said objects will be sold as described in the acts of the file number 11/15.

Marvic Farrugia

For the Registrar Civil Courts and Tribunals