Court Notices published in Govt. Gazette No. 20,019 of 28th June, 2018

By means of a decree of the 18th June, 2018, by the Rent Regulation Board, in the records of the Application in the names Carmel George sive Charles Balzan et noe vs Rosaria sive Lucy Vella, Application number 51/2018JD, the following publication was ordered for the purpose of service of the respondent Rosaria sive Lucy Vella in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12)

By means of an application in the names Carmel George sive Charles Balzan (ID 923751M) personally and as mandatory of his sister who is abroad Antoinette Vella, holding Maltese passport number 734414, Frank Balzan (ID 1082947M), Marcelle Pellegrini (ID 931848M), Phyllis Sandra Camilleri (ID 756M) and Noella Bonavia (ID 8460M) vs Rosaria sive Lucy Vella filed on the 4th May, 2018, the applicants Carmel George sive Charles Balzan (ID 923751M) personally and as mandatory of his sister who is abroad Antoinette Vella, holding Maltese passport number 734414, Frank Balzan (ID 1082947M), Marcelle Pellegrini (ID 931848M), Phyllis Sandra Camilleri (ID 756M) and Noella Bonavia (ID 8460M) Emanuel Vella humbly requested :

That the applicants lease to the respondent the house with its airspace, over the property of the applicants number 27, in Triq Brighella, Ħamrun, for residential purposes at the rent of €201.39 per year, payable in advance on the 1st September and on the 1st of March of each year with the next current payment expiring on the 31st August, 2018;

The respondent changed the use of the premises, and in any case is not being used for the purpose for which it was leased to her.

And also the respondent did not abide with the conditions of the lease and caused several damages to the premises.

Thus, the applicants respectfully request this Board to authorise them to resume possession of the said premises and namely 27, Triq Brighella, Ħamrun, at the end of the current period of re-letting.

With costs and reserving any other action by the applicants against the respondents.

Applicant: Carmel George sive Charles Balzan et noe, 40, Fairwinds, Triq l-Ispartani, Ħamrun

Notification respondent: Rosaria sive Lucy Vella, 27, Triq Brighella, Ħamrun

The Application in the names Carmel Geroge sive Cahrels Balzan et noe vs Rosaria sive Lucy Vella, Application number 51/2018JD, has been postponed for hearing for the 10th July, 2018, at 9.00 a.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

DKR 89/2018 – New Freezing Order

It is being notified that by a decree dated 22nd June, 2018, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry  (Magistrate Dr Neville Camilleri, LLD) Compilation number 283/2018, in the case:

The Police

(Inspector Josric Mifsud)

Versus

Jason Micallef, 23 years, un-employed, son of the late Eddie Grixti and Maria Micallef, born in Tal-Pietà, Malta, on the 29th October, 1994, and residing at Hubbard, Block 7, Flat 6, Alessandra Street, Cospicua, Malta, and number 4, Jacqueline, Triq l-Empire Stadium, Gżira, Malta, and holder of Maltese identity card bearing number 483194M.

Ordered the attachment in the hands of third parties in general all monies and other movable property due or pertaining or belonging to Jason Micallef and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property and this according to Section 22A of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta and of Section 23A of the Criminal Code, Cap. 9 of the Laws of Malta. 

Any person who acts in contravention of the court order mentioned in Section 22A referred to above shall be guilty of an offence and shall on conviction be liable to a fine (multa) not exceeding eleven thousand and six hundred and forty-six euro and eighty-seven cents (€11,646.87), or to imprisonment for a period not exceeding twelve months, or to both such fine and imprisonment. 

Any transfer or other disposal of any immovable property made in contravention of the said Court order shall be null and without effect at law.

DR JOHN SEYCHELL NAVARRO

DIP. HLTH.SCIENCE, DIP. MGMT STUD, DIP. NOT. PUB., LLB, LLD 

Assistant Registrar, Criminal Courts and Criminal Tribunals

DKR 86/2018 – New Freezing Order

It is being notified that by a decree dated 14th June, 2018, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr L. Stafrace Zammit, B A, LLD) Compilation number 370/2018, in the case: 

The Police 

(Inspector Justine Grech)

Versus

Tristen Kyle Pisani, 25 years, airconditioner technician, son of Anthony and Josephine née Azzopardi, born in Zabbar, Malta on the 8th August, 1992, residing at number 57, Gravel Haze, Triq Dun Karm Sant, Ħal Tarxien, Malta, and holder of Maltese identity card bearing number 373792M.

Annajar Osama Soleman A, 40 years, employed with the Libyan Embassy, son of the late Soleiman and Miriam, born in Libya, on the 26th February, 1978, residing at Zenith Court, Flat 1, Triq Stiefnu Zerafa, Ħal Għargħur, Malta, and holder of Maltese identity card bearing number 41146A.

Boulqassim Khalleefah Aboulqassim Almigheerbi, 32 years, unemployed, son of the late Khalleefah and Naima, born in Tripoli, Libya on the 25th July, 1985, residing at Ivy Mansions, Flat 7, Triq l-Imgħażel, Swieqi, Malta, and holder of Libyan passport bearing number KLPH7LHN.

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 Tristen Kyle Pisani, Annajar Osama Soleman A and Boulqassim Khalleefah Aboulqassim Almigheerbi 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, of Section 22A of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta in accordance with Article 23A of Cap. 9 of the Laws of Malta.

The Court Authorized the said accused to continue to receive as salary and/or social benefits the amount that does not exceed thirteen thousand, nine hundred and seventy-six euro and twenty-four cents (€13,976.24c) per year after the accused indicate with a note from where they are perceiving this money.

Any person who acts in contravention of the court order mentioned in Section 5 and Section 22A referred to above shall be guilty of an offence and shall on conviction be liable to a fine (multa) not exceeding eleven thousand and six hundred and forty-six euro and eighty-seven cents (€11,646.87), or to imprisonment for a period not exceeding twelve months, or to both such fine and imprisonment. 

Any transfer or other disposal of any immovable property made in contravention of the said Court order shall be null and without effect at law.

DR JOHN SEYCHELL NAVARRO

DIP. HLTH.SCIENCE, DIP. MGMT STUD, DIP. NOT. PUB., LLB, LLD 

Assistant Registrar, Criminal Courts and Criminal Tribunals

By means of a decree given by the Civil Court First Hall, on the 11th June, 2018, in the records of the Sworn Application in the names All Invest Company Limited (C 22239) vs … omissis … et, Application number 894/17 MCH, the following publication was ordered for the purpose of service of the respondents Saviour Darmanin and Frances Amaira, in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application, filed, in the First Hall Civil Court, in the names All Invest Company Limited with registration number (C 22239) as duly represented by its sole Director Wallace Falzon, holder of identity card number 308986M vs … omissis …  and by decree of the 31st of October, 2013, the Financial Services Authority of Malta was admitted to intervene in the proceedings in statu et terminis and by decree of the 28th November, 2013, Anthony Spiteri and Miriam Spiteri, Jeffrey Vella and Romina Vella, Carmen Spiteri and Vincent Spiteri, Joseph Borg and Doris Borg, Joseph Borg and Deborah Carrie Borg, Gino Cremona and Marthese Cremona, John Galea and Maryanne Galea, John Galea and Loredana Galea, Alexander Farrugia and Mansueta Farrugia, Maria Gabriella Farrugia, Angela Incorvaya, John Aquilina, and Maria Lourdes Aquilina, Saviour Cutajar, Mario Baldacchino and Mary Anne Baldacchino, Romeo Borg and Carmen Borg, Rose Borg, Carmel Cachia and Nazzareno Cachia, Gennaro Camilleri, J. M. Camilleri and M. D. Camilleri , Robert Camilleri, Saviour Darmanin, Emanuel Galea and Margaret Galea, Emanuel Gravina, Anthony and Teresa Mangion, Joseph Said and Lucia Said, Polyane Schembri, Ray Sciberras and Lucienne Sciberras , Mario Xuereb and Dolores Xuereb, Andrew Zammit and Josephine Zammit were admitted in the proceedings in statu et terminis and by decree of the 12th December, 2013, Paul Diacono and Susan Mary Diacono, Paul Debono, Michelina Debono and Joseph Debono, Daniel Grima and Nadia Grima, Carmelo Grima and Maria Dolores Grima, George Sammut and Maria Sammut, William Micallef and Maria Alfrida Micallef, were admitted to intervene the proceedings in statu et terminis and by decree of the 12th December, 2013, George Zammit and Yvonne Zammit, Jan Borg, Palma and Eugenio spouses Borg, Carmel Borg, Joseph Mary Frendo and Mary Annunzjata Frendo, David Frendo, Rupert Buttigieg and Nathalie Buttigieg, Frances Amaira, Ivan Bartolo and Ruth Bartolo, Mario Vassallo and Josette Joan Vassallo, James Cutajar and Graziella Cutajar, Rosina Fenech, and Philip Fenech, Grezju Micallef and Antonia Micallef, Carmelo Camilleri and Dolores Camilleri, Carmel Preca and Maria Stella Preca, Anthony Busuttil and Mary Anne Busuttil were admitted in the proceedings in statu et terminis and by decree of the 12th December, 2013, Maria Camilleri and Maddalena Muscat were admitted to intervene in the proceedings in statu et terminis, on the 29th September, 2017, the applicants respectfully asked this Honourable Court,

1. To cancel, revoke and annul the decree of the 30th March 2017, of the Honourable First Hall Civil Court, differently presided in the application 888/2013 JZM, in the names premised and revoke the decree mentioned of this Court as differently presided and give those orders and provisions it deems fit and oportune, reject the reply and demands of the respondent authority and the other intervenors in the cause and uphold the applicant’s requests in the originl application number 888/2013.

Services: Saviour Darmanin, 16, St Anna, Triq Franġisku Zahra, Żurrieq

Frances Amaira, 3, Triq Kent, Fgura

The Sworn Application in the names All Invest Company Limited C 22239 vs … omissis … et , Application Number 894/17 MCH, was deferred for hearing to the 8th October, 2018, at 9.00 a.m.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

Republic of Malta 

To the Marshall of the Court

By means of a decree given by this Court, on the 15th June, 2018, following a request of Dr Luigi A. Sansone noe it was ordered that deputy curators be chosen to represent Shijiazhuang Sunway I/E Co. Limited and Alqarn Aljadid, in the records of the application number 604/2018 MCH, in the names Dr Luigi A. Sansone noe vs Deputy Curators and in the other relative and subsequent acts.

By means of a Sworn Application, filed, in the First Hall Civil Court, in the names Advocate Doctor Luigi A. Sansone LLB (Hons) LLD (holder of Maltese Identity Card with number 0258269 letter M) as special mandatary of Univet Limited, a foreign company organised under the laws of Ireland and with an address of Tullywin, Cootehill, Co. Cavan HI16 t183, Ireland vs Deputy Curators to represent 1) Shijiazhuang Sunway I/E Co. Ltd, a foreign entity with and indication of address of ‘189, Taihang Street, HI-TECH Zone, Shijiazuang City, Hebet, in China; and 2) ALQARN ALJADID, a foreign entity with an indication of address of ‘Salah Al-Din Street, Alzawiya City, in Libya, on the 12th June, 2018, the applicant Advocate Dr Luigi A. Sansone, LLB (Hons) LLD (holder of identity card of Malta with number 0258269 letter M) as special mandatary of Univet Limited, a foreign company organised under the laws of Ireland and with an address of Tullyvin Cootehill, Co. Cavan, H16 t183, Ireland, asked this Honourable Court:

1) To declare that the entry without release for free circulation in Malta in the course of commerce between the defendants of a quantity of objects consisting in nutritional supplements for calves, milk cows and sheep inside plastic bottles and the same bottles in carton boxes, which all have identical trademarks for or which cannot be distinguished in their essential aspects from those of the plaintiff company duly registered as European Union trademark (EU trademark with number 013631825, which objects are all presently witheld under the Authority of the Director General (Customs) after he had found that the container ‘CMAU1992081’ which contained them contravened the rights of intellectual property of the plaintiff company, as regards the same EU trademark with number 013631825’.

2) Declare that the same objects and namely a quantity of nutritional supplements for calves, milk cows and sheep inside plastic bottles and the same bottles inside carton boxes, which all have on them identical trademarks which cannot be distinguished in their essential aspects from those of the plaintiff company duly registered as European Union trade mark (EU trademark) with number 013631825, are falsified objects;

3) Order the Director General (Customs) to destroy those objects within a short and peremptory period without any compensation to the defendants and at their expense;

4) To take or order the Director General (Customs) to take as regard those objects any other measure in virtue of which they be definitely removed from circulation in the existing systems of commerce and that the defendants be deprived of the economic benefits of the transaction;

5) Order that the defendants are to bear all the other costs connected with this cause, including the extra-judicial expenses of the plaintiff company besides the costs in connection with the measures ordered in terms of the third and fourth demands of the plaintiffs as mentioned in this paragraph.

With costs, against the defendants who are from now summoned so that a reference to their evidence be made.

 Applicant nomine: Advocate Doctor Luigi A. Sansone LLB (Hons) LLD (holder of Maltese identity card number 0258269 letter M) as special mandatary of Univet Limited, a foreign company organised under the laws of Ireland and with an address of Tullyvin, Cootehill Co, Cavan HI16 T183, Ireland, 84-85, Triq Melita, Valletta VLT 1120.

Services: Deputy Curators to represent 1) Shijiazhuang Sunway I/E Co. Ltd, a foreign company with an indication of an address of 189, Taihiang Street, Hi-Tech Zone, Shijiazhuang City, Hebei, in China; and 2) Alqarn Aljadid, a foreign enity with an indication of address of ‘Salah Al-Din Street, Alzawiya City’ in Libya, Courts of Justice, Valletta (two copies).

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 th 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. Madam Justice Miriam Hayman, LLD, Doctor of Laws.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 18th June, 2018, by the Rent Regulation Board, in the records of the Application in the names Carmel George sive Charles Balzan et noe vs Rosaria sive Lucy Vella, Application number 51/2018JD, the following publication was ordered for the purpose of service of the respondent Rosaria sive Lucy Vella in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12)

By means of an application in the names Carmel George sive Charles Balzan (ID 923751M) personally and as mandatory of his sister who is abroad Antoinette Vella, holding Maltese passport number 734414, Frank Balzan (ID 1082947M), Marcelle Pellegrini (ID 931848M), Phyllis Sandra Camilleri (ID 756M) and Noella Bonavia (ID 8460M) vs Rosaria sive Lucy Vella filed on the 4th May, 2018, the applicants Carmel George sive Charles Balzan (ID 923751M) personally and as mandatory of his sister who is abroad Antoinette Vella, holding Maltese passport number 734414, Frank Balzan (ID 1082947M), Marcelle Pellegrini (ID 931848M), Phyllis Sandra Camilleri (ID 756M) and Noella Bonavia (ID 8460M) Emanuel Vella humbly requested :

That the applicants lease to the respondent the house with its airspace, over the property of the applicants number 27, in Triq Brighella, Ħamrun, for residential purposes at the rent of €201.39 per year, payable in advance on the 1st September and on the 1st of March of each year with the next current payment expiring on the 31st August, 2018;

The respondent changed the use of the premises, and in any case is not being used for the purpose for which it was leased to her.

And also the respondent did not abide with the conditions of the lease and caused several damages to the premises.

Thus, the applicants respectfully request this Board to authorise them to resume possession of the said premises and namely 27, Triq Brighella, Ħamrun, at the end of the current period of re-letting.

With costs and reserving any other action by the applicants against the respondents.

Applicant: Carmel George sive Charles Balzan et noe, 40, Fairwinds, Triq l-Ispartani, Ħamrun

Notification respondent: Rosaria sive Lucy Vella, 27, Triq Brighella, Ħamrun

The Application in the names Carmel Geroge sive Cahrels Balzan et noe vs Rosaria sive Lucy Vella, Application number 51/2018JD, has been postponed for hearing for the 10th July, 2018, at 9.00 a.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

DKR 89/2018 – New Freezing Order

It is being notified that by a decree dated 22nd June, 2018, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry  (Magistrate Dr Neville Camilleri, LLD) Compilation number 283/2018, in the case:

The Police

(Inspector Josric Mifsud)

Versus

Jason Micallef, 23 years, un-employed, son of the late Eddie Grixti and Maria Micallef, born in Tal-Pietà, Malta, on the 29th October, 1994, and residing at Hubbard, Block 7, Flat 6, Alessandra Street, Cospicua, Malta, and number 4, Jacqueline, Triq l-Empire Stadium, Gżira, Malta, and holder of Maltese identity card bearing number 483194M.

Ordered the attachment in the hands of third parties in general all monies and other movable property due or pertaining or belonging to Jason Micallef and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property and this according to Section 22A of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta and of Section 23A of the Criminal Code, Cap. 9 of the Laws of Malta. 

Any person who acts in contravention of the court order mentioned in Section 22A referred to above shall be guilty of an offence and shall on conviction be liable to a fine (multa) not exceeding eleven thousand and six hundred and forty-six euro and eighty-seven cents (€11,646.87), or to imprisonment for a period not exceeding twelve months, or to both such fine and imprisonment. 

Any transfer or other disposal of any immovable property made in contravention of the said Court order shall be null and without effect at law.

DR JOHN SEYCHELL NAVARRO

DIP. HLTH.SCIENCE, DIP. MGMT STUD, DIP. NOT. PUB., LLB, LLD 

Assistant Registrar, Criminal Courts and Criminal Tribunals

DKR 86/2018 – New Freezing Order

It is being notified that by a decree dated 14th June, 2018, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr L. Stafrace Zammit, B A, LLD) Compilation number 370/2018, in the case: 

The Police 

(Inspector Justine Grech)

Versus

Tristen Kyle Pisani, 25 years, airconditioner technician, son of Anthony and Josephine née Azzopardi, born in Zabbar, Malta on the 8th August, 1992, residing at number 57, Gravel Haze, Triq Dun Karm Sant, Ħal Tarxien, Malta, and holder of Maltese identity card bearing number 373792M.

Annajar Osama Soleman A, 40 years, employed with the Libyan Embassy, son of the late Soleiman and Miriam, born in Libya, on the 26th February, 1978, residing at Zenith Court, Flat 1, Triq Stiefnu Zerafa, Ħal Għargħur, Malta, and holder of Maltese identity card bearing number 41146A.

Boulqassim Khalleefah Aboulqassim Almigheerbi, 32 years, unemployed, son of the late Khalleefah and Naima, born in Tripoli, Libya on the 25th July, 1985, residing at Ivy Mansions, Flat 7, Triq l-Imgħażel, Swieqi, Malta, and holder of Libyan passport bearing number KLPH7LHN.

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 Tristen Kyle Pisani, Annajar Osama Soleman A and Boulqassim Khalleefah Aboulqassim Almigheerbi 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, of Section 22A of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta in accordance with Article 23A of Cap. 9 of the Laws of Malta.

The Court Authorized the said accused to continue to receive as salary and/or social benefits the amount that does not exceed thirteen thousand, nine hundred and seventy-six euro and twenty-four cents (€13,976.24c) per year after the accused indicate with a note from where they are perceiving this money.

Any person who acts in contravention of the court order mentioned in Section 5 and Section 22A referred to above shall be guilty of an offence and shall on conviction be liable to a fine (multa) not exceeding eleven thousand and six hundred and forty-six euro and eighty-seven cents (€11,646.87), or to imprisonment for a period not exceeding twelve months, or to both such fine and imprisonment. 

Any transfer or other disposal of any immovable property made in contravention of the said Court order shall be null and without effect at law.

DR JOHN SEYCHELL NAVARRO

DIP. HLTH.SCIENCE, DIP. MGMT STUD, DIP. NOT. PUB., LLB, LLD 

Assistant Registrar, Criminal Courts and Criminal Tribunals

By means of a decree given by the Civil Court First Hall, on the 11th June, 2018, in the records of the Sworn Application in the names All Invest Company Limited (C 22239) vs … omissis … et, Application number 894/17 MCH, the following publication was ordered for the purpose of service of the respondents Saviour Darmanin and Frances Amaira, in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application, filed, in the First Hall Civil Court, in the names All Invest Company Limited with registration number (C 22239) as duly represented by its sole Director Wallace Falzon, holder of identity card number 308986M vs … omissis …  and by decree of the 31st of October, 2013, the Financial Services Authority of Malta was admitted to intervene in the proceedings in statu et terminis and by decree of the 28th November, 2013, Anthony Spiteri and Miriam Spiteri, Jeffrey Vella and Romina Vella, Carmen Spiteri and Vincent Spiteri, Joseph Borg and Doris Borg, Joseph Borg and Deborah Carrie Borg, Gino Cremona and Marthese Cremona, John Galea and Maryanne Galea, John Galea and Loredana Galea, Alexander Farrugia and Mansueta Farrugia, Maria Gabriella Farrugia, Angela Incorvaya, John Aquilina, and Maria Lourdes Aquilina, Saviour Cutajar, Mario Baldacchino and Mary Anne Baldacchino, Romeo Borg and Carmen Borg, Rose Borg, Carmel Cachia and Nazzareno Cachia, Gennaro Camilleri, J. M. Camilleri and M. D. Camilleri , Robert Camilleri, Saviour Darmanin, Emanuel Galea and Margaret Galea, Emanuel Gravina, Anthony and Teresa Mangion, Joseph Said and Lucia Said, Polyane Schembri, Ray Sciberras and Lucienne Sciberras , Mario Xuereb and Dolores Xuereb, Andrew Zammit and Josephine Zammit were admitted in the proceedings in statu et terminis and by decree of the 12th December, 2013, Paul Diacono and Susan Mary Diacono, Paul Debono, Michelina Debono and Joseph Debono, Daniel Grima and Nadia Grima, Carmelo Grima and Maria Dolores Grima, George Sammut and Maria Sammut, William Micallef and Maria Alfrida Micallef, were admitted to intervene the proceedings in statu et terminis and by decree of the 12th December, 2013, George Zammit and Yvonne Zammit, Jan Borg, Palma and Eugenio spouses Borg, Carmel Borg, Joseph Mary Frendo and Mary Annunzjata Frendo, David Frendo, Rupert Buttigieg and Nathalie Buttigieg, Frances Amaira, Ivan Bartolo and Ruth Bartolo, Mario Vassallo and Josette Joan Vassallo, James Cutajar and Graziella Cutajar, Rosina Fenech, and Philip Fenech, Grezju Micallef and Antonia Micallef, Carmelo Camilleri and Dolores Camilleri, Carmel Preca and Maria Stella Preca, Anthony Busuttil and Mary Anne Busuttil were admitted in the proceedings in statu et terminis and by decree of the 12th December, 2013, Maria Camilleri and Maddalena Muscat were admitted to intervene in the proceedings in statu et terminis, on the 29th September, 2017, the applicants respectfully asked this Honourable Court,

1. To cancel, revoke and annul the decree of the 30th March 2017, of the Honourable First Hall Civil Court, differently presided in the application 888/2013 JZM, in the names premised and revoke the decree mentioned of this Court as differently presided and give those orders and provisions it deems fit and oportune, reject the reply and demands of the respondent authority and the other intervenors in the cause and uphold the applicant’s requests in the originl application number 888/2013.

Services: Saviour Darmanin, 16, St Anna, Triq Franġisku Zahra, Żurrieq

Frances Amaira, 3, Triq Kent, Fgura

The Sworn Application in the names All Invest Company Limited C 22239 vs … omissis … et , Application Number 894/17 MCH, was deferred for hearing to the 8th October, 2018, at 9.00 a.m.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

Republic of Malta 

To the Marshall of the Court

By means of a decree given by this Court, on the 15th June, 2018, following a request of Dr Luigi A. Sansone noe it was ordered that deputy curators be chosen to represent Shijiazhuang Sunway I/E Co. Limited and Alqarn Aljadid, in the records of the application number 604/2018 MCH, in the names Dr Luigi A. Sansone noe vs Deputy Curators and in the other relative and subsequent acts.

By means of a Sworn Application, filed, in the First Hall Civil Court, in the names Advocate Doctor Luigi A. Sansone LLB (Hons) LLD (holder of Maltese Identity Card with number 0258269 letter M) as special mandatary of Univet Limited, a foreign company organised under the laws of Ireland and with an address of Tullywin, Cootehill, Co. Cavan HI16 t183, Ireland vs Deputy Curators to represent 1) Shijiazhuang Sunway I/E Co. Ltd, a foreign entity with and indication of address of ‘189, Taihang Street, HI-TECH Zone, Shijiazuang City, Hebet, in China; and 2) ALQARN ALJADID, a foreign entity with an indication of address of ‘Salah Al-Din Street, Alzawiya City, in Libya, on the 12th June, 2018, the applicant Advocate Dr Luigi A. Sansone, LLB (Hons) LLD (holder of identity card of Malta with number 0258269 letter M) as special mandatary of Univet Limited, a foreign company organised under the laws of Ireland and with an address of Tullyvin Cootehill, Co. Cavan, H16 t183, Ireland, asked this Honourable Court:

1) To declare that the entry without release for free circulation in Malta in the course of commerce between the defendants of a quantity of objects consisting in nutritional supplements for calves, milk cows and sheep inside plastic bottles and the same bottles in carton boxes, which all have identical trademarks for or which cannot be distinguished in their essential aspects from those of the plaintiff company duly registered as European Union trademark (EU trademark with number 013631825, which objects are all presently witheld under the Authority of the Director General (Customs) after he had found that the container ‘CMAU1992081’ which contained them contravened the rights of intellectual property of the plaintiff company, as regards the same EU trademark with number 013631825’.

2) Declare that the same objects and namely a quantity of nutritional supplements for calves, milk cows and sheep inside plastic bottles and the same bottles inside carton boxes, which all have on them identical trademarks which cannot be distinguished in their essential aspects from those of the plaintiff company duly registered as European Union trade mark (EU trademark) with number 013631825, are falsified objects;

3) Order the Director General (Customs) to destroy those objects within a short and peremptory period without any compensation to the defendants and at their expense;

4) To take or order the Director General (Customs) to take as regard those objects any other measure in virtue of which they be definitely removed from circulation in the existing systems of commerce and that the defendants be deprived of the economic benefits of the transaction;

5) Order that the defendants are to bear all the other costs connected with this cause, including the extra-judicial expenses of the plaintiff company besides the costs in connection with the measures ordered in terms of the third and fourth demands of the plaintiffs as mentioned in this paragraph.

With costs, against the defendants who are from now summoned so that a reference to their evidence be made.

 Applicant nomine: Advocate Doctor Luigi A. Sansone LLB (Hons) LLD (holder of Maltese identity card number 0258269 letter M) as special mandatary of Univet Limited, a foreign company organised under the laws of Ireland and with an address of Tullyvin, Cootehill Co, Cavan HI16 T183, Ireland, 84-85, Triq Melita, Valletta VLT 1120.

Services: Deputy Curators to represent 1) Shijiazhuang Sunway I/E Co. Ltd, a foreign company with an indication of an address of 189, Taihiang Street, Hi-Tech Zone, Shijiazhuang City, Hebei, in China; and 2) Alqarn Aljadid, a foreign enity with an indication of address of ‘Salah Al-Din Street, Alzawiya City’ in Libya, Courts of Justice, Valletta (two copies).

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 th 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. Madam Justice Miriam Hayman, LLD, Doctor of Laws.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals