Court Notices published in Govt. Gazette No. 19,971 of 29th March 2018

Notice is hereby given that by a decree of the Court of Appeal (Superior Jurisdiction), entered on the 20th day of March, 2018, in the records of the Sworn Application in the names Charles Attard (ID 1018747M) et vs Geraldine Noel, Sworn Application 856/2017LSO, it was ordered that service upon Geraldine Noel be made by this publication as provided in Article 187(3) et sequitur of Cap. 12 of the Laws of Malta.

By means of an Application of Appeal filed in the Court of Appeal (Superior Jurisdiction), in the names Charles Attard (ID 1018747M) et vs Geraldine Noel on the 31st day of January, 2017, Charles Attard (ID 1018747M) et respectfully submitted:

That by means of a Sworn Application filed on the 20th day of September, 2017, in the Civil Court, First Hall, the plaintiffs here appellants, claimed as reproduced in the abovementioned Application of Appeal;

That the defendant appellee was served with this Sworn Application on the 4th day of October, 2017; 

That instead of filing her Sworn Reply, the defendant filed an Application dated the 12th day of October, 2017, whereby she asked the Honourable Court as given in the aforementioned Application of Appeal;

That by means of a decree entered on the 17th day of October, 2017, the Honourable Court of First Instance ordered the service of this Application upon the appellants with ten days time to file a reply; 

That on the 27th day of October, 2017, the appellants filed their reply to the defendant’s application dated the 12th day of October, 2017, where for the reasons therein given they opposed to the demands contained in that Application;

That by means of a decision entered on the 11th day of January, 2018, the Honourable Court of First Instance, whilst it rejected the defendant’s claims contained in her Application dated the 12th day of October, 2017, allowed an extension of the time limit for the filing of the Sworn Reply, and this without being so requested;

That during the sitting of the 16th day of January, 2018, the Honourable Court of First Instance allowed the defendant twenty days to file her Sworn Reply. During this hearing the defendant of the plaintiff declared that he would be filing this present appeal, and the cause was left for further information on this appeal; 

That the appellants are of the opinion that at the moment the Honourable Court of First Instance granted an extension of the time limit for the filing of the Sworn Reply, it was effectively justifying the default of the defendant; 

That the appellants felt aggrieved by this decision and thus are humbly filing an appeal therefrom before this Honourable Court of Appeal;

That the grievance of the appellants is clear and manifest and consists in the fact that the Honourable Court of First Instance, and this is being stated with all due respect, could not justify the default status of the defendant, without a request to that effect on the part of the defendant in terms of Article 158(10) of Cap. 12 of the Laws of Malta; 

… omissis … 

That the appellants are of the opinion that the Honourable Court of First Instance could not grant such an extension sua sponte … omissis …;

That thus, in order for the defendant to be in a position to file her Sworn Reply, the sole remedy available to her was to put forward a request for the justification of her default, as provided for in the above-cited Article. At that stage, and if so requested by the defendant in this respect, the appellants had to be given time to reply to such a request, so that then the Court would be in a position to decide on the justification or otherwise of the default of the defendant; 

That the appellants are of the humble opinion, that this important stage provided for by the Code of Organization and Civil Procedure was ommitted, with the consequence that the Honourable Court of First Instance moved to justify the defendant’s default without there being a request on her part in this sense, and without the appellants being given the opportunity to make their submissions in this regard.

Therefore, for the above-given reasons, the appellants, whilst referring to all the records of the cause and even while reserving the right to produce other evidence and testimonies allowed under the law at this stage, including a reference to the oath of the defendant for which she is as of now summoned, pray with respect that this Honourable Court of Appeal, reforms the judgement under appeal of the Honourable First Hall of the Civil Court entered on the 11th day of January, 2018 in the cause in the above-cited names, by confiriming it insofar it rejected the claims made by the defendant in her Application dated the 12th day of October, 2017 and revoking it in that part which accorded to the same defendant a period for the filing of the Sworn Reply, and instead rules that the defendant is in default for all intents and purposes of Law … omissis …

Appellants: Charles Attard (ID 1018747M) et, 8, Triq it-Tiben, Swieqi

Services: Geraldine Noel, Apartment number 1, Feria Apartments, Triq Raddet ir-Roti, Xemxija, St Paul’s Bay.

Adv. Dr Frank-Luke M. Attard Camilleri, LLD

For the Registrar, Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of 28th February, 2018, 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).

Carmel Vella (ID 127650M) of Flat 3, Ocean Heights Block B, Triq Piscopo Macedonia, Xemxija, filed a Claim on the 12th January, 2018, whereby he asked the Tribunal to condemn Sera Baldacchino of Ocean Heights, Block B, Maisonette 1, Triq Piscopo Macedonia, Xemxija, to pay the plaintiff the sum of €979.40, which amount is due to the plaintiff.

With costs and legal interest

The case (Claim number 27/18PA) is deferred on the 17th April, 2018, at 1.30 p.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of 9th February, 2018, 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).

John Farrugia (ID 0605564M) of 25, Fjord, Triq l-Għasir, Ħaż-Żebbuġ, filed a Claim on the 18th December, 2017 whereby he asked the Tribunal to condemn Julie Agnes Grech (ID 0379596M) of 222, White Pompos, Triq l-Imħallef William Harding, Pembroke, to pay the plaintiff the sum of €4,200, which amount is due to the plaintiff.

With costs and interest

The case (Claim number 559/17AM) is deferred on the 6th April, 2018, at 12.30 p.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals