Court Notices published in Govt. Gazette No. 20,157 of 29th March 2019

By means of a decree of the 25th March, 2019, in the records of the judicial letter number 611/9 in the names Falcon Funds Sicav plc vs Philip Eaton Richards, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on Philip Eaton Richards in terms of Article 2130(2) of Cap. 16.

In the First Hall of the Civil Court

To

Philip Eaton Richards (ID 42520A) of Cuor De Gesù, Fl 1, Triq il-Belt Valletta, Ħal Qormi and/or 19, Flat 4, Triq San Ġużepp, Tas-Sliema

By means of this present Falcon Funds Sicav plc (SV 295) of TG Complex, Suite 2, Level 3, Triq il-Birrerija, Mrieħel, Birkirkara, referes you to your role and/or involvement with Falcon Asset Management Limited, a company registered in Malta with registration number C 71696, with Argentarius ETI Managemnet Ltd, a company registered in Malta with registration number C 55597, and with Temple Asset Management Limited, a company registered in Malta with registration number C 52606, as well as to your direct and/or indirect involvement in a number of investments made on behalf of the same sender.

The sender also draws your attention to the various investments which have failed or which appear to be about to fail and this because of acts and omissions on your part, both direct and/or indirect, in a negligent and/or fraudulent manner, as well as lack of expertise and/or non-observance of the applicable laws and regulations and the violation of your obligations. In fact, consequent to your acts and omissions as above described, the sender suffered patrimonial damages and will suffer ulterior damages.

Therefore, while the sender company is formally placing you in mora, culpa et dolo for all effects and purposes of the law, it is hereby holding you responsible for all the damages suffered and which may be suffered as a consequence of your behaviour as above described and is presently calling upon you to appear, within one month from today, for the liquidation of damages suffered by the sender and the payment of the same.

So much for your better guidance.

With costs

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 25th March, 2019, in the records of the judicial letter number 603/19 in the names Falcon Funds Sicav plc vs Kristmas Dzons sive John Walter Christmas, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on Kristmas Dzons sive John Walter Christmas in terms of Article 187(3) of Cap. 16.

In the First Hall of the Civil Court

To

Kristmas Dzons sive John Walter Christmas (ID 49427A) of Portomaso 2351, Vjal Portomaso, St Julians and/or Watercourt Flat 3, Triq l-Imsida, Birkirkara

By means of this present Falcon Funds Sicav plc (SV 295) of TG Complex, Suite 2, Level 3, Triq il-Birrerija, Mrieħel, Birkirkara, referes you to your role with Temple Asset Management Limited, a company registered in Malta with registration number C 52606 and to your direct and/or indirect involvement in a number of investments made on behalf of the same sender.

The sender also draws your attention to the various investments which have failed or which appear to be about to fail and this because of acts and omissions on your part, both direct and/or indirect, in a negligent and/or fraudulent manner, as well as lack of expertise and/or non-observance of the applicable laws and regulations and the violation of your obligations. In fact, consequent to your acts and omissions as above described, the sender suffered patrimonial damages and will suffer ulterior damages.

Therefore, while the sender company is formally placing you in mora, culpa et dolo for all effects and purposes of the law, it is hereby holding you responsible for all the damages suffered and which may be suffered as a consequence of your behaviour as above described and is presently calling upon you to appear, within one month from today, for the liquidation of damages suffered by the sender and the payment of the same.

So much for your better guidance.

With costs

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 28th March, 2019, in the records of the judicial letter number 603/19, in the names Falcon Funds Sicav plc vs Kristmas Dzons sive John Walter Christmas, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on Kristmas Dzons sive John Walter Christmas in terms of Article 2130(2) of Cap. 16.

In the First Hall of the Civil Court

To

Kristmas Dzons sive John Walter Christmas (ID 49427A) of Portomaso 2351, Vjal Portomaso, St Julians and/or Watercourt Flat 3, Triq l-Imsida, Birkirkara

By means of this present Falcon Funds Sicav plc (SV 295) of TG Complex, Suite 2, Level 3, Triq il-Birrerija, Mrieħel, Birkirkara, refers you to your role with Temple Asset Management Limited, a company registered in Malta with registration number C 52606, and to your direct and/or indirect involvement in a number of investments made on behalf of the same sender.

The sender also draws your attention to the various investments which have failed or which appear to be about to fail and this because of acts and omissions on your part, both direct and/or indirect, in a negligent and/or fraudulent manner, as well as lack of expertise and/or non-observance of the applicable laws and regulations and the violation of your obligations. In fact, consequent to your acts and omissions as above described, the sender suffered patrimonial damages and will suffer ulterior damages.

Therefore, while the sender company is formally placing you in mora, culpa et dolo for all effects and purposes of the law, it is hereby holding you responsible for all the damages suffered and which may be suffered as a consequence of your behaviour as above described and is presently calling upon you to appear, within one month from today, for the liquidation of damages suffered by the sender and the payment of the same.

So much for your better guidance.

With costs

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court First Hall, on the 11th March, 2019, in the records of the Writ of Summons in the names Gatt Saviour sive Sammy vs Borg John et, the following publication was ordered for the purpose of  service of the respondents John and Agnes spouses Borg, in terms of Artticle 187(3) et sequitur of Cap. 12.

By means of a Notice of hearing of a cause which was set down again for hearing issued by the Registry Superior Courts, on Monday 10th December, 2018, the cause Writ of Summons Number 120/2012 JZM, in the names Gatt Saviour sive Sammy vs Borg John et, which had been Sine Die, was set down again for hearing from Tuesday 11th March, 2014, was set down again for hearing on Monday 14th January, 2019, at 9.00 a.m. and deferred to the 25th April, 2019, at 9.00 a.m.

Notify: John Borg et, 21, Triq Għajn Żejtuna, Santa Maria Estate, Mellieħa

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By a decree given on the 9th October, 2014, by the Civil Court First Hall, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to Article 187 (3) of the Code of Organisation and Civil Procedure (Cap. 12).

By decree given by the Civil Court, First Hall on the 29th January, 2019, on the application of Brian Cutajar noe, Monday, 8th April, 2019, at noon (12.00 p.m.) has been fixed for the sale by auction to be held in room number 78, near the Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta of the following items, as decreed on 23rd October, 2013, seized from the property of Salvatore sive Salvu Cutajar (ID 375142M).

One hundred (100) ordinary shares within the company S.C. & Company Limited (C 6050).

N.B. The said objects will be sold as described in the acts of the judicial sale file number 32/11.

MARVIC FARRUGIA

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 21st March, 2019, following a request of Advocate Doctor Luigi A. Sansone noe, as special mandatary of The Procter & Gamble Company, a foreign compan, it was ordered that deputy curators be chosen  to represent Yiwu Dongteng Import and Export Co. Ltd and Al Farouk Commerce International, in the records of the Sworn Application 281/2019 MCH, in the names Advocate 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 Civil Court First Hall, in the names Advocate Doctor Luigi A. Sansone LLB (Hons) LLD (ID 258269M) as special mandatary of The Procter & Gamble Company, a foreign  company organised under the laws of the state of Ohio, in the United States of America, with reġistration number 20677 and address of 1, Procter & Gamble Plaza, Cincinnati, Ohio, United States of America vs deputy curators to represent 1) Yiwu Dongteng Import and Export Co. Ltd, a foreign enity with an indication of  address of 10/F Building A, Yiwu Port, 266 Chengxin Avenue, Yiwu City, Zhejiang 322000, China and 2) Al Farouk Commerce International, a foreign entity with an indication of address of IMM Pacha Centre 75, Av. Khaeireddine Pacha, Bloc C, IEME Etage APT C6 Mont Plaisir 1073-Tunisie, on the 14th March, 2019, the applicant Advocate Doctor Luigi A. Sansone LLB (Hons) LLD (ID 258269M) as special mandatary of The Procter & Gamble Company, a  foreign company organised under the laws of the United States of America, with registration number 20677 and address of 1, Procter & Gamble Plaza, Cincinnati, Ohio, United States of America, asked this Honourable Court:

1. To declare that the entry without free release for circulation in Malta in the course of business between the defendants of a quantity of products of shampoo and conditioner which all have on them various identical trademarks to, or which cannot be distinguished in their essential aspects from, those of the plaintiff company and duly registered as European Union trademarks (EU trademarks) with numbers 000230706, 001798321, 005602008, 005602131, 005638804 and 015614662 respectively, which objects are presently held  under the authority of the Director General (Customs) after he found that the container CMAU5900587, which contained them, contravenes the rights of intellectual property of the plaintiff company as regards the same European trademarks abovementioned.

2. Declare that the same objects and namely a quantity of products of shampoo which all have on them identical trademarks to, or which cannot be distinguished in their essential aspects from, those of the plaintiff company duly registered as European Union trademarks (EU trade marks) with the numbers abovementioned 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. Take or order the Director General (Customs) to take as regards those objects any other measure in virtue of which they be removed definitely from circulation in the existing systems of commerce and the defendant be deprived from the economic benefits of the transaction.

5. Order that the defendants are to bear all the other costs in connection with this lawsuit including the costs in connection with the measures ordered in terms of the third and fourth demands of the plaintiffs amongst which those of identification and numbering of the said objects of their transport from the place of storage and the other costs mentioned in the application.

With costs against the defendants summoned so that a reference to their evidence be made

Applicant noe: Advocate Doctor Luigi A. Sansone LLB (Hons) LLD (ID 258269M) as special mandatary of the Procter & Gamble Company, a foreign company incorporated in the State of Ohio, the United States of America, with number 20677 and address of 1, Procter & Gamble Plaza, Cincinnati, Ohio, United States of America / 84-85, Triq Melita, Valletta VLT 1120

Notify the Defendants: Deputy Curators to represent 1) Yiwu Dongteng Import and Export Co. Ltd, a foreign entity with an indication of address of 10/F, Building A, Yiwu Port 266, Chengxin Avenue, Yiwu City, Zhejiang 322000, China and 2) Al Farouk Commerce International, a foreign entity with an indication of address of IMM Pacha Centre, 75 AV. Khaeirddine Pacha, Bloc C IEME Etage, APT C6, Mont Plaisir 1073-Tunisie / 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 the execution of this bann, you are to inform forthwith this Court.

Given by the Civil Court First Hall, abovementioned, with the witness of the Hon. Mrs Justice Anna Felice, Doctor of Laws.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

It is hereby notified that by means of a decree given by the Civil Court (Voluntary Jurisdiction Section) on the 7th March, 2019, on an application by David Farrugia and others, filed on the 28th of January, 2019, number 157/2019, wherein they prayed that the garage with a courtyard with the number fifty (50), Triq Viani, Tas-Sliema, be declared free from any entail, hypothec, easement or any other burden whatsoever.

Wherefore those persons who are interested are hereby requested to bring forward their pretensions by means of a protest in two months’ time that stars from fifteen (15) days from the issuing of the second edict.

Once no one brings forward his pretensions in two months after the fifteen days of the issuing of the second edict, the abovementioned property will be liberated from any entails, hypothec, easement and any other burdens. 

By order of the abovementioned Court, today the 26th of March, 2019

MARCEL BUGEJA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court First Hall, on the 19th November, 2018, in the records of the Sworn Application in the names Air Ambulance Malta Limited (C 53405) vs Personal Air Transport Limited (C 65345), Application Number 1069/18 MH, the following publication was ordered for the purpose of service of the company Personal Air Transport Limited (C 65345) in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application, filed in the Civil Court First Hall in the names Air Ambulance Malta Limited (C 53405) vs Personal Air Transport Limited (C 65345) on the 29th October, 2018, the applicant Air Ambulance Malta Limited (C 53405) asked this Honourable Court for the reasons premised in the application:

1. To uphold the demand of the applicant company and deliver judgement without proceeding to a hearing of the cause in terms of Article 167 et sequitur of Cap. 12 of the Laws of Malta;

2. Declare the defendant company as debtor of the plaintiff company in the amount of twenty-three thousand six hundred twenty-nine euro (€23,629.00), which debt is certain, liquid and due, and condemn the defendant company to pay the plaintiff company the amount abovementioned, balance of payment representing services of flight planning.

With costs and legal interest from the 11th June, 2018, till the date of effective payment, against the defendant company summoned so that a reference to its evidence be made.

The Sworn Application in the names Air Ambulance Malta Limited (C 53405) vs Personal Air Transport Limited (C 65345), Application Number 1069/18 MH, has been deferred for hearing to the 3rd May, 2018, at 9.00 a.m.

Defendant Company: Personal Air Transport Limited (C 65345), Soteria Buildings, Dawret Ħal Għaxaq, Ħal Għaxaq

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 21st March, 2019, following a request of Advocate Doctor Luigi A. Sansone noe, as special mandatary of The Procter & Gamble Company, a foreign company, it was ordered that deputy curators be chosen to represent Yiwu Dongteng Import and Export Co. Ltd and Al Farouk Commerce International, in the records of the Sworn Application 281/2019 MCH, in the names Advocate 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 Civil Court First Hall, in the names Advocate Doctor Luigi A. Sansone LLB (Hons) LLD (ID 258269 M) as special mandatary of The Procter & Gamble Company, a foreign company organised under the laws of the State of Ohio, in the United States of America, with registration number 20677 and address of 1, Procter & Gamble Plaza, Cincinnati, Ohio, United States of America vs deputy curators to represent (1) Yiwu Dongteng Import and Export Co. Ltd, a foreign enity with an indication of address of 10/F, Building A, Yiwu Port, 266 Chengxin Avenue, Yiwu City, Zhejiang 322000, China and 2) Al Farouk Commerce International, a foreign entity with an indication of address of IMM Pacha Centre 75, Av. Khaeireddine Pacha, Bloc C IEME, Etage APT C6, Mont Plaisir 1073-Tunisie, on the 14th March, 2019, the applicant Advocate Doctor Luigi A. Sansone LLB (Hons) LLD (ID 258269M) as special mandatary of The Procter & Gamble Company, a foreign company organised under the laws of the United States of America, with registration number 20677 and address of 1, Procter & Gamble Plaza, Cincinnati, Ohio, United States of America, asked this Honourable Court:

1. To declare that the entry without free release for circulation in Malta in the course of business between the defendants of a quantity of products of shampoo which all have on them various identical trademarks to, or which cannot be distinguished in their essential aspects from, those of the plaintiff company and duly registered as European Union trademarks (EU trademarks) with numbers 000273342, 000272971, 000058719, 004833364, 004885646, 005314976, 005314786, 011946563, and 000273292 respectively, which objects are all presently held under the authority of the Director General (Customs) after he found that the container CMAU5463105, which contained them, contravenes the rights of intellectual property of the plaintiff company as regards the same European trademarks abovementioned;

2. Declare that the same objects and namely a quantity of products of shampoo which all have on them identical trademarks to or which cannot be distinguished in their essential aspects from those of the plaintiff company duly registered as European Union trademarks (EU trademarks) with numbers 000273342, 000272971, 000058719, 004833364, 004885646, 005314976, 005314786, 011946563 and 000273292 respectively, are falsified objects; 

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

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

5. Order that the defendantrs are to bear all the other costs in connection with this lawsuit including the costs in connection with the measures ordered in terms of the third and fourth demands of the plaintiffs, amongst which those of identification and numbering of the said objects, of their transport from the place of storage and the other costs mentioned in the application.

With costs against the defendants summoned so that a reference to their evidence be made

Applicant noe: Advocate Doctor Luigi A. Sansone LLB (Hons) LLD (ID 258269M)as special mandatary of the Procter & Gamble Company, a foreign company incorporated in the State of Ohio, the United States of America, with number 20677 and address of 1, Procter & Gamble Plaza, Cincinnati, Ohio, United States of America / 84-85, Triq Melita, Valletta VLT 1120

Notify the Defendants: Deputy Curators to represent 1) Yiwu Dongteng Import and Export Co. Ltd, a foreign entity with an indication of address of 10/F, Building A, Yiwu Port 266, Chengxin Avenue, Yiwu City, Zhejiang 322000, China and 2) Al Farouk Commerce International, a foreign entity with an indication of address of IMM Pacha Centre, 75, AV. Khaeirddine Pacha, Bloc C, IEME Etage, APT C6 , Mont Plaisir 1073-Tunisie / 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 the execution of this bann, you are to inform forthwith this Court.

Given by the Civil Court First Hall, abovementioned, with the witness of the Hon. Mrs Justice Anna Felice, Doctor of Laws, today, 21st March, 2019.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By a decree of the 26th March, 2019, given by the First Hall Civil Court, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to article 338(1) of the Code of Organization and Civil Procedure (Chapter 12).

That by application and a schedule of set-off filed contemporaneously by Adv. Joseph Ellis noe on the 22nd March, 2019, the approval of the said judicial acts is being demanded for the amount of €58,100 following judicial sale by auction 67/14 in the names Adv. Joseph Ellis noe vs Adv. Renzo Porsella Flores et noe held under the Authority of the said Court on the 29th November, 2018.

According to Article 338 (2) of Chapter 12: Any person who may have an interest and the persons so served shall be allowed the time of twenty days to file an answer stating in detail the reasons for their opposition and the amounts in contestation; and where such opposition is based on a claim against the proceeds of sale an alleged cause of preference, they are to state the amount of such claim and the basis for the preference. Such persons shall with the answer file all relevant evidence to substantiate their opposition.

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals