Court Notices published in Govt. Gazette No. 20,028 of 20th July 2018

By means of a decree of the 20th November, 2017, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 1452/2015 in the names Automated Revenue Management Services Ltd pro et noe vs Chantal Sciberras , the following publication was ordered for the purpose of effecting service on the respondent Chantal Sciberras in terms of Article 187(3) of Cap. 12.

In the Court of Magistrates (Malta)

To Chantal Sciberras (ID 465694M) of 162, Joanne, Flt 7, Triq it-Turisti, St Paul's Bay

By the present, Automated Revenue Management Services Limited (C 46054) of Gattard House, Triq Nazzjonali, Blata l-Bajda, Malta, in its own name and on behalf of Enemalta plc and Water Services Corporation, notifies you with the attached sworn declaration marked as Document A for all the purposes and effects of Article 466 of Cap. 12 of the Laws of Malta and solicits you to pay the amount of €11,241.50, which amount is sure, liquid and due and respresenting the balance due for the consumption of water and electricity, rent of water and electicity meter, administrative fees, connection and disconnection fees, together with interest due on the amount according to Law regarding the the bill number 101000100737 for the premises Flt 7, Joanne, Triq it-Turisti, St Paul's Bay, which amounts to €11,241.50.

Despite several solicitations by the applicant company for the payment of the amount due, you remained in default and did not pay till the day of the filing of this judicial letter. In addition, there is no valid reason for your failure to pay and you never contested the amount due.

This act is being sent to you for all the purposes and effects of law and in default of payment or opposition on your part within the time mentioned in Article 466 Cap. 12 of the Laws of Malta, the applicant company shall proceed to enforce this credit according to law.

With costs

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 9th April, 2018, of the Civil Court First Hall in the records of judicial letter number 4225/2017, in the names Commissioner for Revenue vs Robert Ciantar pro et noe, the following publication for the purpose of service on the respondent pro et noe was ordered in terms of Article 187 (3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To Robert Ciantar (ID 316583M) in your own name and as director for and on behalf of the company Ciantar Construction Limited (C 29342).                                                                 

By the present the Commissioner for Revenue of Centre Point Building, Triq Ta' Paris, Birkirkara, calls upon you in terms of Article 59 of Act XXIII of 1998 so that within two (2) days from the service of this act, you pay the amount of €64,980.04 representing amount due by you pro et noe as Value Added Tax according to the same Act.

With costs and interest according to the said Act XXIII of 1998, till the date of effective payment.

This calling is being made for all intents and purposes of law, particularly, but not exclusively, in order to render executable the executive title which the same Commissioner for Revenue has against you.

In default, the interpellant informs you that he shall pass to execute the said executive title he has against you pro et noe by means of the opportune warrants.

So much so that you may know how to regulate yourself and to proceed.

Service respondent: 129, Il-Madonna s-Sewda, Triq Wied il-Buni, Birzebbuġa

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 4th April, 2018, given by the Civil Court First Hall in the records of judicial letter number 2652/16, in the names Registrar of Civil Courts and Tribunals vs Sammut Raymond, the following publication was ordered for the purpose of effecting service on the respondent Sammut Raymond in terms of Article 187(3) of Cap. 12.

In the First Hall of the Civil Court

To Sammut Raymond (ID 576458M) of Kortin Park, Fl 20, Triq N. Copernicus, Mellieħa.

By the present the Registrar of Civil Courts and Tribunals of Law Courts, Triq ir-Repubblika, Valletta, solicits you so that within four days from the notification of this judicial letter you pay the sum of €114.40 due by you as Registry fees in connection with the law suit in the names:

Condominium Services Ltd vs Sammut Raymond (AE) decided on the 18th May, 2016

In default the applicant reserves to proceed further against you according to law.

So much for your own guidance

With costs

Alexandra Debattista

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 25th June 2018, following a request of Dr Antoine Camilleri noe, it was ordered that deputy curators be chosen to represent Shenzhen Guangxingtai Import and Export Co. Ltd and lil Esnad Libya Shipping Company, Misurata, Libya, in the records of the sworn application in the names Dr Antoine Camilleri noe vs Deputy Curators, Application number 627/2018 MCH, and in the relative and subsequent acts.

By means of a Sworn Application, filed in the First Hall Civil Court, in the names Adv. Anotine Camilleri (identity card number 495276M as special mandatary in the name and in representation of the two foreign companies Adidas International Marketing B.V. of Atlas Arena, Afrika Building, Hoogoorddreef, 9a NL-1101, BA, Amsterdam,ZO, The Netherlands and Adidas AG of ADI-Dassler Str, 1, Herzogenaurach, 91074, Germany vs Deputy Curators to represent Shenzhen Guangxingtai Import and Export Co. Ltd and Esnad, Libya, Shipping Company, Misurata, Libya, appointed by decree of the 15th June, 2018, the applicant Advocate Doctor Antoine Camilleri in the name and in representation of the foreign companies Adidas International Marketing B.V. and Adidas AG, respectfully pleaded and asked this Honourable Court:

1. In regard to the two applicant companies declare and decide that the sport shoes and sportswear in question are seized following the application in writing made by the applicant companies to the Comptroller of Customs are falsified objects and/or objects clandestinely imported according to Article 2(1) (a) and/ or (b) of Cap 414 of the Laws of Malta and/ or according to Article 2(1) (a) and (b) of Cap 414 of the Laws of Malta and/or according to Article 2(5) and/or (6) of the U.E. Regulation 608/2013;

2. In regard to the first applicant company Adidas International Marketing B.V. declare and decide that the entry into Malta and /or temporary importation and/or storing in a freezone or freewarehouse of the said consignment of sports shoes and sportswear, which consists in one thousand one hundred fifty (1,150) sports shoes or in two thousand four hundred fifty pieces (2,450) of sportswear in container number CMAU 2079441, on the part of the respondents or either of whom, and which are presently held following the application in writing made by the applicant company to the Comptroller of Customs, contravene the rights of intellectual property of the applicant company in so far as they are not genuine according to Article 2(10 (a) and/ or (b) of the same Cap 414 of the Laws of Malta and thus a violation of Article 4 of the same Cap 414 and this in regard to the registration of EU Trademark number 005271572 registyered in the name of the applicant company and or in regard to the rights of copyright which the applicant company has on the its design 'three stripes device' (as shown in the same EU Trademark number 005271572);

3. In regard to the first applicant company Adidas International Marketing B. V. declare and decide that the entry without release for free circulation in Malta, in the course of commerce of the said consignment of sports shoes and sports clothes (including their packaging which consists of one thousand one hundred fifty (1,150) sports shoes and in two thousand four hundred fifty (2,450) pieces of sportswear in container number CMAU2079441 on the part of the respondents or either of whom and which are seized following the application in writing made by the applicant company to the Comptroller of Customs, contravene the exclusive rights of the applicant company in so far as they are not genuine and thus in violation of article 9(1) (2) (3) and (4) of Regulation U.E. 2017/1001 and this as regards the registration of E.U. Trademark number 005271572 registered in the name of the applicant company;

4. In regard to the second applicant company Adidas AG, declare and decide that the entry into Malta and/or temporary importation or/storing in a free zone or freewarehouse of the said consignment of sports shoes and sportswear clothing which consists of onerthousand one hundred (1,150) pairs of shoes and two thousand four hundred fifty (2,450) pieces of sportswear clothing in container number CMAU2079441, on the part of the respondents or either of whom and which are presently seized following the application in writing made by the applicant company to the Comptroller of Customs, contravene the rights of Intellectual Property of the applicant company, in so far as they are not genuine according to Article 2(1)(a) and /or (b) of Cap 414 of the Laws of Malta and thus in violation of Article 4 of the same Cap 414of the Laws of Malta and this as regards the registration of EU Trademarks Number 014591754, Number 003517646, Number 005271598 and Number 005271580, registered in the name of the applicant company and/or in regard to the rights of copyright which the applicant company has on its design 'three stripes device on footwear' and 'refoil device' (as shown in the said EU Trademarks numbers 003517646 and 005271598);

5. In regard to the second applicant company Adidas AG, declare and decide that the entry without free circulation in Malta, in the course of commerce of the said consignment of sports shoes and sportswear (including their packaging) which consists in one thousand one hundred fifty (1,150) sports shoes and in two thousand four hundred fifty (2,450)pieces of sportswear in Container Number CMAU 2079441,on the part of the respondents or either of whom and which are presently seized following the application in writing made by the applicant company to the Comptroller of Customs, contravene the exclusive rights of the applicant company in so far as they are not genuine and thus in violation of Article 9(1) (2) (3) and (4) of Regulation U.E. 2017/1001 and this as regards the registration of the EU Trademarks Number 014591754, Number 003517646, Number 005271598 and Number 005271580 registered in the name of the applicant company;

6. Order the Comptroller of Customs and/or the applicant companies on the basis of the first demand and/or the second demand and/or the third demand and/or the fourth demand and or the fifth demand in order to destroy the sports shoes and the sportswear in question without any compensation to and at the expense of the respondents or either of whom according to Article 8 of Cap 414 of the Laws of Malta and according to the provisions of Regulation U.E. 608/2013;

7. Order any other remedy which according to the terms of Cap 414 of the Laws of Malta of Cap 416 of the Laws of Malta and Cap 488 of the Laws of Malta, and Regulation U.e. 608/2013 and Regulation U.E. 2017/1001, against the applicant companies;

8. Order the respondents or either of whom to pay all the costs as regards the transport, storage, destruction of the sports shoes and sportswear in question and the expenses of the Customs Officials according to the terms of Cap. 414 of the Laws of Malta and U.E. Regulation 608/2013;

With costs, against the respondents or either of whom who are summoned so that a reference to their evidence is made.

Applicant; Dr Antoine Camilleri noe, Mamo TCV, Palazzo Pietro Stiges,103, Strait Street, Valletta VLT 1436

Shipping Carriers of the Respondents: CMA CGM, Agencies Worldwide, Freeport Centre, Kalafrana, Birżebbuġa 

Notify: Deputy Curators

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 and within six days 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

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court, on the 2nd July, 2017, following a request of Francis Micallef, it was ordered that deputy curators be chosen to represent Olga Mikhaylovna Matveeva, in the records of the Letter of Mediation 2050/18 AL, in the names Francis Micallef vs Deputy Curators, and in the relative and subsequent acts.

By means of an Application, filed, in the Civil Court (Family Section) in the names Francis Micallef (ID 204557M) vs Olga Mikhaylovna Matveeva, on the 1st March, 2018, the applicant Francis Micallef (ID 204557M) respectfully pleaded:

That the applicant had married a certain Olga Mikhaylovna Matveeva having Russian nationality, on the 20th November, 2009, and from this marriage he did not have any offspring;

That he was abandoned by his wife in the year 2010, when she left for Russia and never returned;

That conjugal life with his wife was rendered impossible due to reasons which are sufficient to bring about the divorce of the parties.

Thus the applicant humbly prays that this Honourable Court appoint a mediator so that he be authorised to proceed for the dissolution of the community of acquests between and the dissolution of this marriage and this in terms of Regulation 4 of the Subsidiary Legislation 12.20 of Laws of Malta and this under those provisions it deems fit and opportune.

Respondent: 98-39, Bolshaya Street, Kazan, Russia, 420030.

Applicant: Daffodil Court, Block C, Flat 1, Triq San Ġorġ, Santa Venera

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 (Family Section) above mentioned, with the witness of the Hon. Mr. Justice Anthony Ellul, BA, LLD, Doctor of Laws.

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

DKR 10/2018 – Variation of a Freezing Order

It is being notified that by a decree dated 29th January, 2018, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry  (Magistrate Dr Donatella Frendo Dimech, LLD) following an application filed by Kim Zahra on the 23rd January, 2018, Compilation number 475/2017, in the case:

The Police

(Inspector Rennie Stivala)

Versus

Edward Caruana, 58 years, Public Official, son of the late Paul and Saverina née Farrugia, born in Rabat, Malta, on the 1st May, 1960, residing at number 109, Triq il-Kulleġġ, Rabat, Malta, and holder of Maltese identity card bearing number 308560M.

The Court Authorized the accused Edward Caruana to appear on a contract of sale of the apartment number two (2) on the second floor, forming part of a block without number but named Edwina Court, in Triq San Piju V, Rabat, Malta, which property is being released from the effects of the freezing order for the transfer of the relative property. The proceeds from this sale shall be deposited into a bank account indicated by the Registrar of Court which account and/or amount shall remain affected by the freezing order.

Moreover the Court ordered that the notary who is going to appear for this contract of sale shall within two days of such deed, submit a copy of the relevant contract. Any monies representing the amount of sale must be deposited as stated within 24 hours from the date of contract.

This variation is made in terms of Article 23A (2) of the Criminal Code, Cap. 9 of the Laws of Malta following a publication dated 25th May, 2018, following a publication of the 16th January, 2018, following a freezing order dated 10th January, 2018, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry  (Magistrate Dr Donatella Frendo Dimech, LLD) where the Court ordered the attachment in the hands of third parties in a general manner, all monies and other movable and immovable property which may be due to or belonging to Edward Caruana.

The Registrar was notified with the relative decree on the 05th July, 2018

Dr John Seychell Navarro

Dip. Hlth. Science, Dip. Mgmt Stud., Dip.Not. Pub., LLB, LLD

Assistant Registrar, Criminal Courts and Criminal Tribunals

DKR 41/2018 – New Freezing Order

It is being notified that by a decree dated 5th July, 2018 given by the Criminal Court (Judge Giovanni Grixti) Compilation number 155/2018 in the case:

The Police

(Inspector Joseph Busuttil)

(Inspector John Spiteri)

Versus

Jennyvie Bartolome,

Cristina Cabrera Paggabao,

and

Elna Mongao, 38 years, care worker at Mater Dei, born in Philippines on the 10th November, 1979, residing at number 21, Triq il-Monsinjur Dandria, Msida, Malta, and holder of identity card bearing number 69107A.

Authorised Elna Mongao to receive her salary by cheque so that she could provide a decent living for her family and thus by withdrawing money from her bank account to the maximum sum of thirteen thousand, nine hundred and seventy six euro and twenty-four cents, (€13,976.24) yearly according to law.

This variation is being published in terms of Article 5 of Cap. 373 of the Money Laundering Act of the Laws of Malta and of Article 23A of the Criminal Code, in ordinance with Section 23A of the Criminal Code, following a freezing order given on the 21th March, 2018, by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Anthony G. Vella, LLD) and published in the Government Gazette on the 3rd April, 2018 whereas the Court ordered the attachment in the hands of third parties in a general manner, all monies and other movable property which may be due to or belonging to Jennyvie Bartolome, Cristina Cabrera Paggabao and Elna Mongao.

Dr John Seychell Navarro

Dip. Hlth. Science, Dip. Mgmt Stud., Dip.Not. Pub., LLB, LLD  

Assistant Registrar Criminal Courts and Tribunals

It is hereby notified that in virtue of the powers conferred on it by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 12th of July, 2018, and this after a written plea numbered 117/2018, Ordered:

The correction of the Act of Marriage of Eric Testa and Ekaterina Yaroslavovna Budanova, bearing number 1278 of the year 2016, under the column entitled 'Particulars of the Wife – Name and Surname', and 'Wife's Signature' the name 'Ekaterina' is to be removed and substituted with the name 'Kateryna'.

Janet Calleja

Deputy Registrar, Court of Revision of Notarial Acts

By means of a decree given by the Civil Court (Commercial Section) on the 10thy May, 2017, in the records of the Warrant of Prohibitory Injunction in the names Suzanne Mifsud vs Edgar Mifsud, Warrant number 977/18MH, the following publication was ordered for the purpose of service of the defendant Edgar Mifsud, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, filed, in the Civil Court (Commercial Section) in the names Suzanne Mifsud (ID 576763M) vs (Respondent) Edgar Mifsud (ID 402463M) on the 14th June, 2018, the applicant Suzanne Mifsud respectfully pleaded,

That the interpellant has an interest to safeguard her rights;

That the interpellant in order to safeguard her rights wishes to hold the respondent from holding a sitting or rather an extraordinary meeting of the shareholders of the company CityPro Limited (C 26902) called by him on the 20th June, 2018, at 11.00 a.m. at the premises 58, Old Bakery Street, Valletta, and so that in the same meeting she is not removed from director of the company:

1. That the applicant is the wife of Edgar Mifsud (ID 402463M).They were married on ther 21st January, 1989, and between them they have in force the regime of community of acquests;

2. That the parties are presently de facto separated from each other;

3. That included in the community of acquests between the parties there are all the shares of the company Citypro Limited (C 26902) which was registered on the 5th September, 2000, from which the applicant has ten shares (10)whilst that registered in her husband's name there are nine hundred ninety (990) ordinary shares;

4. That the parties are both directors of the company Citypro Limited;

5. That during the period when the parties were de facto separated the defendant excluded even physically the applicant from the administration and running of the company Citypro Limited;

… omissis …

7. That all this added to a large number of analogous factors brought about the applicant in order to present procedures before this Honourable Civil Court, whereby she asked the same Court to dissolve the same company Citypro on the basis of Articles 214(2) (a)(ii) and 214 (2) (b) (iii)of Cap. 386 of the Laws of Malt;

… omissis …

9. That the said company Citypro Limited, besides possessing the larger portion of the common wealth of the parties, represents the only source of their income;

… omissis …

11. That the applicant is asking for the issuing of this Warrant because according to the Memorandum of Association of the same company (Article 6) the company is to be administered by its Board of Directors that should be composed by not less than two directors as the case is at present;

12. That the meeting of the shareholders of the 20th June, 2018, was called without the holding of any meeting of the Directors in order that this meeting be called, but was unilaterally called by the respondent who alone does not have the power to call this meeting;

… omissis …

14. That furthermore as stated the shares of the parties in this company are common and this company comprises in it as stated the larger part of their common wealth and the business of this company affects that wealth which is not controlled by the company in so far as the debts of the company are guaranteed by the parties. Thus, apart from the considerations of law regarding companies, the removal of the applicant from the administration of the common wealth of the same parties is thus repugnant to the delicate balance of the spouses as provided in matrimonial law.

That the applicant shall be prejudiced if the respondent is not withheld as stated.

Thus, the applicant humbly prays this Honourable Court to order the issuing of a Warrant of Prohibitory Injunction in order to withold him from continuing to carry out the things above mentioned.

Confirmed before me under oath after I read its contents and in the presence as witness of identity and filed by P.L. Joeline Pace Ciscaldi.

Republic of Malta

Court Warrant

To the Court Marshall

Whereas the above application was presented and there recurr all the necessary elements for the undermentioned orders;

And after doing this and if you encounter any diffiulity in the execution of this warrant you are to inform this Court forthwith.

Given by the Civil Court First Hall with the witness of the Hon. Madam Justice Miriam Hayman, LLD, Doctor of Law

Applicant: 68, Melody 17, Triq Don Luigi Rigord, Pembroke

Respondent: 35A, St. Anthony Street, Tas-Sliema

Execution: 1) 35A, St. Anthony Street, Tas-Sliema

2) 58, Old Bakery Street, Valletta

The Application Warrant of Prohibitory Injunction in the names Mifsud Suzanne vs Mifsud Edgar, Application number 977/18MH, was out off for hearing to the 3rd September, 2018, at 10.00 a.m.

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 21st June, 2018, in the records of the Letter 646/18, in the names Bernardette Cremona vs Charles Carmel Cremona,the following publication was ordered for the purpose of service of the respondent Charles Carmel Cremona, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, filed, in the Civil Court (Family Section) in the records of the Letter 646/18, in the names Bernardette Cremona (ID 706159M) vs Charles Carmel Cremona (ID 154256M) on the 22nd May, 2018, the applicant Bernardette Cremona (ID 706159M) respectfully pleaded:

That the parties were married on the 1st January, 1980, and from this marriage they had four children today all of age;

That the relationship between the parties ended due to the violent behaviour of the respondent and his possessive character. That the applicant left the matrimonial home for her safety;

That the applicant never had any control of the bank accounts or monies of the community of acquests nor does she have a bank account in her name;

… omissis …

That the applicant has the advanced age of fifty nine (59) years and does not have any means for her living;

That in the past the applicant had taken the decision to separate and when she did this the respondent refused to give any maintenance to her and to the minors;

That the needs and necessities of the applicant are considerable, and include amongst others a number of medicines;

That the respondent has a considerable wage, and this because he works on a self-employed basis as a licensed waste broker and has an established business;

That thus he has a considerable income.

Thus, for the reasons herein premised the applicant respectfully prays that this Honourable Court:

1. Fixes the adequate maintenance for the applicant every four weeks which is to increase each year according to the cost of living index;

2. Order that these amounts are to be deducted directly from the salary or social benefits that the respondent receives and be paid directly to the applicant.

Saving any other provision that this Court deems fit and opportune

Notify Respondent: No. 5, Benchar, Triq il-Blata l-Kaħla, Santa Venera

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals