Court Notices published in Govt. Gazette No. 20,234 of 19th July 2019

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 24th June, 2019, following a request of Advocate Doctor Luigi A. Sansone noe, as special mandatary of The Procter & Gamble Company it was ordered that deputy curators be chosen to represent Restora Bentari Trading and Droub Libya Al Khair Co. Ltd, in the records of the Sworn Application 585/2019 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 registration number 20677 and address of One, Procter & Gamble Plaza, Cincinnati, Ohio, United States of America vs deputy curators to represent (1) Restora Bentari Trading, a foreign entity with an indication of address of Kampung Binjai, 27200 Kuala Lipis, Pahang Malaysia; and (2) Droub Libya Al Khair Co. Ltd, a foreign entity with an indication of address of Aldees Street, Misurate, Libya, on the 14th June, 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 One, 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 shampoo which all have on them various identical trade marks to, or which cannot be distinguished in their essential aspects from, those of the plaintiff company and duly registered as European Union trade marks (EU trade marks) with numbers 000230706, 001798321, 005602008, 005602131, 005638804, 007201924 and 015614662 respectively which objects are all presently held under the authority of the Director General (Customs) after he found that the container APZU3117772 which contained them contravenes the rights of intellectual property of the plaintiff company as regards the same European trade marks with numbers 000230706, 001798321, 005602008, 005602131, 005638804, 007201924 and 015614662 respectively;

2. Declare that the same objects and namely a quantity of products of shampoo which all have on them identical trade marks to, or which cannot be distinguished in their essential aspects from, those of the plaintiff company duly registered as European Union trade marks (EU trade marks) with numbers 000230706, 001798321, 005602008, 005602131, 005638804, 007201924 and 015614662 respectively 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, the same storage, the transport from the place of storage to their eventual destruction, to the attendance of the destruction and to the removal of the waste generated from the same destruction.

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 One, Procter & Gamble Plaza, Cincinnati, Ohio, United States of America, 84-85, Triq Melita, Valletta VLT 1120

Notify the Defendants: Deputy Curators to represent 1) Restora Bentari Trading, a foreign entity with an indication of address of Kampung Binjai, 27200 Kuala Lipis, Pahang Malaysia; and (2) Droub Libya Al Khair Co. Ltd, a foreign entity with an indication of address of Aldees Street, Misurate, 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. Mr Justice Robert G. Mangion LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on the 16th July, 2019, on the application of Dr Joan Bland sive Yana Mintoff Bland (ID 706451M) et, Thursday, 17th October, 2019, at eleven in the morning (11.00 a.m.), has been fixed for the Sale by Auction to be held in room number 78, near the Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta of the following property.

Divided portion fabricable land in Ħal Safi forming part of a territory known as "Ta' Danjel" of circa 198.77 metres squared, bounding North with Triq il-Kuċċard, and from East and West with property of Saveria Farrugia or her successors, as marked with red on the plan attached with the act dated 29th July, 1982, published by Notary Joseph R. Darmanin subject to an annual and perpetual ground rent of €93.17 each year, payable forward from the act date, including  the benefits on the same land including  the house named Mount Blanche in Triq il-Kuċċard, Ħal Safi, valued at three hundred and fifty thousand euro (€350,000).

The said tenement is the property of Polidano Josephine (ID 334383M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 29/2013.

GAETANA AQUILINA

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on the 16th July, 2019, on the application of Bland Joan Dr sive Yana Mintoff Bland (ID 706451M) et noe, Tuesday, 22nd October, 2019, at eleven o'clock in the morning (11.00 a.m.) has been fixed for the sale by auction to be held in room numbered 78, near the Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta of the following property.

Garage not officially numbered, marked number two (2) in Triq San Franġisk, Fgura, which garage is the second on the right when looking at the facade, underlaying the property of family Chetcuti and their successors bordering from the West with the abovementioned street, from the South with another property of Alfred and Catherine Ellul or their successors, from the North bordering all the block with property of Arthur Micallef or his successors, subject to the conditions as described in the contract by Notary Maria Briffa dated 18th December, 2008, and to the inherent servitudes, with all its rights and enjoyments, valued at thirty thousand euro (€30,000).

Garage not officially numbered, marked number four (4) in Triq San Franġisk, Fgura, underlaying the property of Rose Marie Attard and her successors bordering from the East with the abovementioned street, from the North with the property of Arthur Micallef or his successors  and from the South with Rose Maria Attard garage or his successors, forming part of a block consisting of two apartments and two garages named 'The Cliff' in Triq San Franġisk, Fgura which block was originally a house with no number named 'Josie', bordering from the East with the abovementioned street, from the North with property of Arthur Micallef or his successors and from the South with property of Dr Ġuzeppi Attard Montalto or his successors, with all its rights and enjoyments, valued, at eighteen thousand euro (€18,000).

Garage with yard in shell form state unnamed and without number in Triq Ġużeppi Schembri formerly a new road without name which leads to Upper Church Avenue, Ħal Tarxien, underlaying property of others which borders u together from North East with th abovementioned street, from South West with property of  spouses Bondin and their successors and from the South with property Alfonso Caruana and his successors, subject to servitudes to the overlaying property  to open windows on the yard mentioned and to install the necessary pipes and drains for drainage, free and unencumbered, valued for twenty-five thousand euro (€25,000).

Garage with yard in shell form state unnamed and without number in Triq Ġużeppi Schembri formerly a new road without name which leads to Upper Church Avenue, Ħal Tarxien, underlaying property of others which borders u together from North East with th abovementioned street, from South West with property of  spouses Bondin and their successors and from the South with property Alfonso Caruana and his successors, subject to servitudes to the overlaying property  to open windows on the yard mentioned and to install the necessary pipes and drains for drainage, free and unencumbered, valued for thirty-two thousand euro (€32,000).

The said tenement is the property of Ellul Alfred (ID 1086447M) and Ellul Catherine (ID 82351M).

N.B. The said tenement will be sold as described in the Acts 31/2013.

GAETANA AQUILINA

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall, on the 24th June, 2019, on the application of HSBC Bank Malta plc (C 3177), Tuesday, 26th November, 2019, at half past ten in the morning (10.30 a.m.) has been fixed for the Sale by Auction to be held in Room Number 78, near the Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta of the following property.

a) Garage numbered 17, as described in the attached plan marked JBG 2 which is found at basement level which garage forms part of a complex of garages named above. The garage is bordered from the East with a drive-in and from the North with garage described as 'j' without number, with all its rights and appurtenances for the related garage; the garage is valued at sixteen thousand and five hundred euro (€16,500).

b) Unnumbered garage, as described in the attached plan marked JBG 2 which is found at basement level, which garage forms part of a complex of garages named above. The garage is bordered from the East by a drive-in and from the South with a garage described 'i' and numbered 17, with all its rights and appurtenances for the related garage; the garage is valued at thirteen thousand and five hundred euro (€13,500). 

c) Garage numbered 20, as described in the attached plan marked JBG 2 which is found at basement level, which garage forms part of a complex garages named above. The garage is bordered from the East with a drive-in and from the North with a garage described 'l' and numbered 21 with all its rights and appurtenances for the related garage; the garage is valued at thirteen thousand three hundred euro (€13,300). 

d) Garage numbered 21, as described in the attached plan marked JBG 2 which is found at basement level, which garage forms part of a complex of garages named above. The garage is bordered by a drive-in and from the South by a garage described 'k and numbered 20, with all its rights and appurtenances for the related garage; the garage is valued at twelve thousand and six hundred euro (€12,600). 

e) Garage numbered 22, as described in the attached plan marked JBG 2 which is found at basement level, which garage forms part of a complex of garages named above. The garage is bordered from the East by a drive-in and from the South by a garage described 'l' and numbered 21, with all its rights and appurtenances for the related garage; the garage is valued at twelve thousand and six hundred euro (€12,600). 

f) Garage numbered 23, as described in the attached plan marked JBG 2 which is found at basement level, which garage forms part of a complex of garages named above. The garage is bordered from the East by a drive-and from the North by a garage described 'o' and numbered 24, with all its rights and appurtenances for the related garage; the garage is valued at sixteen thousand euro (€16,000). 

g) Garage numbered 24, as described in the attached plan marked JBG 2 which is found at basement level, which garage forms part of a complex of garages named above. The garage is bordered from the East by a drive-in and from the South by a garage described 'n' and numbered 23, with all its rights and appurtenances for the related garage; the garage is valued fifteen thousand euro (€15,000).

h) Garage numbered 25, as described in the attached plan marked JBG 2 which is found at basement level, which garage forms part of a complex of garages named above. The garage is bordered from the West by a drive-in and from the South by a garage described 'q' and numbered 26, with all its rights and appurtenances for the related garage; the garage is valued at eighteen thousand euro (€18,000).

i) Garage numbered 26, as described in the attached plan marked JBG 2 which is found at basement level, which garage forms part of a complex garages named above. The garage is bordered from the West by a drive-in and from the South by a garage described  'r' and numbered 27, and from the  North by a garage described 'p' and numbered 25, with all its rights and appurtenances for the related garage; the garage is valued at thirteen thousand and four hundred euro (€13,400).

j) Garage numbered 27,  as described in the attached plan marked JBG 2 which is found a tbasement level, which garage forms part of a complex  of garages named above. The garage is bordered from the West by a drive-in and from the South by a garage described 's' and numbered 28, and from the North by a garage described 'q' and  numbered 26 with all its rights and appurtenances of the-garage; the garage is valued twelve thousand and five hundred euro (€12,500).

k) Garage numbered 28, as described in the attached plan marked JBG 2 which is found at basement level, which garage forms part of a complex of garages named above. The garage is bordered from the West by a drive-in and from the South by a garage described 't' and  numbered 29 and from the North by a  garage described 'r' and numbered 27, with all its rights and appurtenances for the related garage; the garage is valued at twelve thousand and seven hundred euro (€12,700).

l) Garage numbered 29 as described in the attached plan marked JBG 2 which is found at basement level which garage forms part of a complex of garages named above. The garage is bordered from the West by a drive-in and from the South with garage described  'u' and numbered 30 and from the North with a garage described 's' and numbered 28,with all its rights and appurtenances for the related garage; the Garage is valued at thirteen thousand and eight hundred euro (€13,800).

m) Garage numbered 30, as described in the attached plan marked JBG 2 which is found at basement level which garage forms part of a complex of garages named above. The garage is bordered from the West by a drive-in, from the South by a garage described 'v' and numbered 31 and from the North by a garage described 't' and numbered 29 with all its rights and appurtenances for the related garage; the garage is valued fourteen thousand euro (€14,000).

n) Garage numbered 31, as described in the attached plan marked JBG 2 which is found at basement level which garage forms part of a complex of garages named above. The  garage is bordered from the West by a drive-in, and from the South by a garage described 'w' and numbered 32, and from the North by a garage described 'u' and  numbered 30 with all its rights and appurtenances for the related garage; the garage is valued twelve thousand and six hundred euro (€12,600).

o) Garage numbered 32, as described in the attached plan marked JBG 2 which is found at basement level which garage forms part of a complex of garages named above. The garage is bordered from the West by a drive-in, and from the South by a garage described 'x' and numbered 33 and from the North by a garage 'v' numbered 31 with all its rights and appurtenances for the related garage; the garage is valued at twelve thousand and six hundred euro (€12,600).

p) Garage numbered 33, as described in the attached plan marked JBG 2 which is found at basement level which garage forms part of a complex of garages named above. The garage is bordered from the West by a drive-in and from the South by a garage 'y' and numbered 34 and from the North by garage described 'w' and numbered 32 with all its rights and appurtenances for the related garage; the garage is valued at twelve thousand and six hundred euro (€12,600).

q) Garage numbered 34, as described in the attached plan marked JBG 2 which is found at basement level which garage forms part of a complex of garages named above. The garage is bordered from the West by a drive-in and from the North by a garage described 'x' and numbered 33 with all its rights and appurtenances for the related garage; the garage is valued at fourteen thousand and eight hundred euro (€14,800).

The garage described in the architect's report under letter 'p' to letter 'y' are all bordered, from the North with Triq il-Ibjar, and from the East with a property of family Buttigieg or it successors in legal rights and from the West with a drive-in with all its rights and appurtenances for the related garage; included with the sale of each garage is the entrance from street to car lift, an undivided share of the car lift with access to the basement and the ground floor garages, the lift shaft, the ramp, emergency fire escape and another secondary stairs, including the undivided share accessible from the common parts by a vehicle and by foot and a drive-in from the car lift to the respective garage. Access for the complex of garages is an unnamed and unnumbered common entrance in Triq Antonio Zahra, Żejtun. These garages are subject to a passage, drain and pipes that collect rain water in favour of the overlaying properties and access right to do maintenance work in respectable hours after a notice has been given. Included with this sale there is an undivided share with every garage from a well in the basement. Theses garages are subject to a perpetual ground rent of €2.33 as a share of a higher ground rent on the whole plot that this complex has been built. The ground rent is revisable after 100 years that began on the 3rd February of 1962 and thereafter every fifty years of the value at that time.

The said tenement is the property of Tristan Developments Ltd (C 42116).

N.B. The said tenement will be sold as described in the Judicial Sales Act 42/16.

GAETANA AQUILINA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the First Hall Civil Court, on the 26th March, 2019, in the records of the Sworn Application in the names Micallef Rosanne vs Iskandar Maged Fawzy Shokry sive Exkandar et, Application Number 153/19 JZM, the following publication was ordered for the purpose of service of the respondent Hyman Yakoub Mesak Ghbryal (ID 20953A) 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 Rosanne Micallkef (ID 488278M) vs i) Maged Fawzy Shokry Iskandar sometimes indicated as Exkandar (ID 20947A) and his wife ii) Hyman Yakoub Mesak Ghbryal (ID 20953A) iii) Mohsen Eskandar (ID 43805A) on the 18th February, 2019, the applicant premised and asked the respondents to state why for the reasons brought forward in the application and as there exist all the elements required by law in terms of Article 167 et sequitur of Cap. 12 of the Laws of Malta:

1. Condemn the respondents together and in solidum between them to pay the applicant company the sum of twenty-four thousand eight hundred sixty-six euro and fifty-seven cents (€24,866.57) with interest, according to law.

With costs of the present against the respondents from now summoned so that a reference to their evidence be made.

The Sworn Application in the names Micallef Rosanne vs Iskandar Maged Fawzy Shokry sive Exkandar et, Application number 153/19 JZM, has been put forward for hearing to the 3rd October, 2019, at 10.30 a.m.

Notify respondent: 3, Villa Kasana, Triq il-Virdun, Kappara

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 10th June, 2019, following a request of Lexington Services Limited it was ordered that deputy curators be chosen to represent Mortimer J Walters, in the records of the Sworn Application 360/2017 MH, in the names Lexington Services Limited 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 Lexington Services Limited (C 50993) vs Mortimer J. Walters, residing 9, Christian, Flat 1, Triq ir-Raħeb Kurradu, Naxxar, on the 21st April, 2017, the applicant Lexington Services Limited (C 50993) (Lexington) as duly represented on this deed by its Director Advocate Doctor Jonathan Corrieri (ID 79180M) duly authorised to appear on this deed, confirmed by oath:

1. That the applicant company Lexington together with other parties had, during the years 2014 and 2015, been a party in a series of extensive litigations in Malta and the Republic of Ireland against the respondent and/or entities and companies controlled by him or of which he was the ultimate beneficial owners (ultimate beneficial owner);

2. That the parties in the Irish procedures were the present applicant company Lexington and James Patrick Flannery on one part and MJW, Brian Connell and others on the other part;

3. That the parties eventually agreed and drew up and demanded agreement (Terms of settlement or 'TOS') dated 10th November, 2015, in virtue of which they compromised all the issues pending between them;

4. That part as a part of such agreement, in execution of the same and subordinately to the same, the parties entered into another agreement dated 22nd December, 2015, known as Patent Security Agreement (or PSA). On this agreement there appeared on the part of the defendant the company Anthology SA, a company of the same MJW who was a defendant in the Maltese procedures, represented by the same Advocates of MJW in Malta;

5. That by means of PSA, the defendant through the company Anthology SA acquired rights and securities on the Patent in question and this to secure the credit of twenty-seven million American dollars (USD 27,000,000) to which he was entitled till the year 2020;

6. That in absolute bad faith, by fraud and in execution of premeditated manoeuvres and well thought out, on the 1st February, 2017, the respondent started to execute a fraudulent scheme in virtue of which he created the first fictitious 'event of default' on the part (supposed)of Lexington and then to put the same Lexington in delay (see annexed Document marked LS L2) so that subsequently weeks after he started to allege another 'event of default' which was completely untrue to put the applicant company in delay and in violation of PSA and this with the final scope in order to put his hands and seize the Patent which was in the hands of Lexington;

… omissis …

11. That it appears that after possibly the same MJW (always hiding behind Anthology SA and its officials) noticed the absurdity of his legal position started to invoke also the second event of default under PSA or rather the insolvency of the applicant Lexington, an allegation which in the first place and in the most absolute manner is a lie and that even if for the sake of argument it was true, MJW never and at no moment was conscious of it;

… omissis …

15. That one of the first acts that the respondent MJW did was obviously that as Patent Receiver in the name and on behalf of the applicant Lexington, a legal representation which he acquired absolutely in bad faith and in a fraudulent manner, as stated transferred all the interests in the Patent in question to the company registered in Delaware in the United States.

… omissis …

Thus, in view of the above and so that immediately there be safeguarded the rights of applicant company Lexington, the same applicant company humbly prays that this Honourable Court saving any declaration it deems fit in the circumstances:

1. Declares that the respondent MJW acted fraudulently and in violation of his fiduciary obligations through his behaviour which includes the acceptance of the appointment of Patent Receiver, acts made in the name and on behalf of the applicant Lexington and transfer of the Patent to US Patent No. 8019807 Delegate LLC;

2. Consequential to the first demand, order the respondent and authorise the applicant company Lexington to take all the opportune steps so that Patent number 8019807 be registered back and on all the rights on the same Patent in the name of Lexington with United States Patent and Trademark Office (USPTO);

3. Declare the respondent responsible for all the damages suffered by the applicant as a consequence of the behaviour of the respondent which includes the full value of the Patent if it cannot be retraced and returned to Lexington and liquidate the same value of the damages suffered, if necessary by the appointment of referees whilst condemning the respondent MJW to pay such damages if liquidated to the same applicant company Lexington;

4. With costs of this instance of the precautionary warrants and all the relative acts against the same respondent from now summoned so that a reference to his evidence be made.

Applicant: Lexington Services Limited, Susan Court, B1, Triq il-Prinjolata, Ta' Xbiex XBX 1130, Malta

Respondent: Mortimer John Walters, 9, Christian, Flat 1, Triq ir-Raħeb Kurradu, Naxxar

The Sworn Application in the names Lexington Services Limited (C 50993) vs Walters Mortimer J., Application 360/17 MH, has been deferred for hearing to Friday, 25th October, 2019, at 9.00 a.m.

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.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 10th July, 2019, of the Civil Court First Hall in the records of judicial letter number 2424/2019, in the names Bank of Valletta p.l.c. vs Omnia Management & Professional Services BV et, the following publication in the Government Gazette for the purpose of service on the respondents companies was ordered in terms of Article 891 of Cap. 12 and/or Article 2130 of Cap. 16 of the Laws of Malta.

In the First Hall Civil Court

To:      

1. Omnia Management & Professional Services BV

2. BNP Paribas Finance BV

3. Delsinger Sandberg Sebastian

Through the present judicial letter, the company Bank of Valletta p.l.c. (C2833), (the "Bank") of 58, Triq Żakkarija, Valletta, informs you that it has been served with judicial letters filed by the Swedish Pensions Agency (the "Agency"), dated 30th June, 2017, and 3rd April, 2019, through which the Agency is holding the Bank responsible for any losses and damages it may have suffered and/or that which it may suffer in connection, inter alia, with its investment in Falcon Funds SICAV p.l.c. as detailed therein.

Whilst the Bank denied and continues to categorically deny, any responsibility for these alleged losses and damages, the Bank is formally holding you responsible for any losses and damages suffered and/or that which it may suffer as a result of and/or in connection with any of your acts, omissions, conduct, and/or involvement in relation to Falcon Funds SICAV p.l.c. and/or the sub-funds' investments and is placing you in dolo, mora and culpa for all effects and purposes at law.

This is without prejudice to any other ulterior action that the Bank may take against you. For all intents and purposes, this letter also serves to interrupt any prescriptive period which may apply.

To be advised and to act accordingly.

With costs

Sender:           

Bank of Valletta p.l.c, 58, Triq Żakkarija, Valletta

Service:          

1. Omnia Management & Professional Services BV, Jan Duikerweg 10, 1703 DH, Heerhugowaard, The Netherlands

2. BNP Paribas Finance BV, Herengracht 595, 1017CE Amsterdam, The Netherlands

3. Delsinger Sandberg Sebastian, Angels Crt, Fl. 6, Triq Lapsi, St Julian's, Malta

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 9th July, 2019, of the Civil Court First Hall in the records of judicial letter number 2395/2019, in the names Bank of Valletta plc vs QV Capital AB et, the following publication in the Government Gazette for the purpose of service on the respondents and respondents companies was ordered in terms of Article 891 of Cap. 12 and/or Article 2130 of Cap. 16 of the Laws of Malta.

In the First Hall Civil Court

To:      

1.         QV Capital AB

2.         Inga Caisa Sillén

3.         Ray Gunnar Pettersson

4.         Lars Martin Inge Lindgren

5.         Said Ebadian

6.         Filip Peter Jungmann

7.         Rachid Lahyani

8.         Gabriel Choong Won Rådö

9.         Daniel Kristoffer Orshammar

10.       Sven Robert Svensson

11.       Stéphane Bettane

12.       Philippe Sanlaville

13.       Lars Christian Beitnes

14.       Jon Steen Petersen

15.       Jan Anders Westrum

16.       William Raymond Leclair

17.       Frode Laberg Aschim

18.       David John Munro

19.       Charl Hendrik Kocks

20.       Örnulf Samdal

21.       Anders Struksnes

22.       Thor Erik Musæus

23.       Ove Lerdahl

24.       Jan Edvin Evensen

25.       Otto Kristian Sønju

26.       Helle Hundseid

27.       Kjell Magne Rabben

28.       Henrik Falch

29.       Harald Johan Norvik

30.       Element ASA previously known as Intex Resources ASA, Crew Minerals ASA, Crew Minerals AS, Crew Norway AS, and Mindex ASA

31.       Claus Johannsen

32.       Ola Røthe

33.       Anders Hvide

34.       Morten Garman

35.       Dag Fredrik Arnesen

36.       Erik Moe

37.       Anders Ulseth

38.       Wollert Hvide jr.

39.       Brian Ole Jepsen

40.       Dag Fredrik Jebsen Arnesen

41.       Andreas Daae-Qvale

42.       Ellen Randi Opsal

43.       Hans Christian Ovist

44.       Kjell Sundsli

45.       Merete Haugli

46.       Kjell Erik Almskog

47.       Hilde Rolandsen

48.       Andrea Cheryl Båsen

49.       Erlend Trygve Grimstad

50.       Karen Helene Ulltveit-Moe

51.       Tom Ruud

52.       Finn Haadem

53.       Mimi Kristine Berdal

54.       Brynjulf Freberg

55.       Ingrid Elvira Leisner

56.       Tone Bjørnov

57.       Christian Loennecken Holst

58.       Michael Stensrød Juuhl

59.       Thomas Brager Carlsen

60.       Synne Syrrist

61.       Cameron Garry Belsher

62.       Cecilie Grue

63.       Mona Lynne Eitzen

64.       Kari Mette Toverud

65.       Thomas Wollmar Néeven Christensen

Through the present judicial letter, the company Bank of Valletta p.l.c. (C 2833), (the "Bank") of 58, Triq Żakkarija, Valletta, informs you that it has been served with judicial letters filed by the Swedish Pensions Agency (the "Agency"), dated 30th June, 2017, and 3rd April, 2019, through which the Agency is holding the Bank responsible for any losses and damages it may have suffered and/or that which it may suffer in connection, inter alia, with its investment in Falcon Funds SICAV p.l.c. as detailed therein.

Whilst the Bank denied and continues to categorically deny, any responsibility for these alleged losses and damages, the Bank is formally holding you responsible for any losses and damages suffered and/or that which it may suffer as a result of and/or in connection with any of your acts, omissions, conduct, and/or involvement in relation to Falcon Funds SICAV p.l.c. and/or the sub-funds' investments and is placing you in dolo, mora and culpa for all effects and purposes at law.

This is without prejudice to any other ulterior action that the Bank may take against you. For all intents and purposes, this letter also serves to interrupt any prescriptive period which may apply.

To be advised and to act accordingly.

With costs

Sender:           

Bank of Valletta p.l.c, 58, Triq Żakkarija, Valletta

Service:          

1.         QV Capital AB, Box 4533, 203 20 Malmö, Sweden; and Magnus Cederlöv, Box 3659, 103 59 Stockholm, Sweden

2.         Inga Caisa Sillén, Rådmansgatan 3, 352 36 VÄXJÖ, Sweden

3.         Ray Gunnar Pettersson, Magnevägen 6, 131 46 Nacka, Sweden

4.         Lars Martin Inge Lindgren, Turbinvägen 7 H, 131 60 Nacka, Sweden

5.         Said Ebadian, Mimosavägen 5, 232 39 Arlöv, Sweden

6.         Filip Peter Jungmann, c/o Filip Jungamann, Erik Dahlbergsgatan 15 lgh 1102, 211 48 Malmö, Sweden

7. Rachid Lahyani, Tegelgatan 2, 752 38 Uppsala, Sweden

8.         Gabriel Choong Won Rådö, Hantverkargatan 76 B lgh 1102, 112 38 Stockholm, Sweden

9.         Daniel Kristoffer Orshammar, Brearedsvägen 79 lgh 1101, 432 38 Varberg, Sweden

10.       Sven Robert Svensson, Högenvägen 25, 428 30 Kållered, Sweden

11.       Stéphane Bettane, 16, Avenue Matignon, 75008, Paris France; and 6, Rue Menars, 75002, Paris, France

12.       Philippe Sanlaville, 16, Avenue Matignon, 75008, Paris France; and 6, Rue Menars, 75002, Paris, France

13.       Lars Christian Beitnes, 3 Stedham Place, Bloomsbury, WC1A1HU London, Great Britain

14.       Jon Steen Petersen, c/o Amrosef Parkvegnet 10, DK-2680 Solrod Strand, Denmark

15.       Jan Anders Westrum, 28 Old Brompton Road, SW 73 DL LONDON, Great Britain

16.       William Raymond Leclair, 9 Caenshill House, 5 Chanor Ave, KT 13 OP Weybridge Surrey, Great Britain

17.       Frode Laberg Aschim, 10 Cedar Park Gardens, SW19 4TE London, Great Britain

18.       David John Munro, 641, Bradstone Road, Cornhill Irene, Cornhill Irene, Gauteng 0159, South Africa

19.       Charl Hendrik Kocks, 124, Beech Street, Northcliff, Johannesburg, Gauteng, 2195, South Africa; and PO Box 1018, Cresta, Cresta, Gauteng, 2118, South Africa

20.       Örnulf Samdal, Stasjonsvegen 26 B, 5221 Nesttun, Norway

21.       Anders Struksnes, Lönnåsveien 9, 0758 Oslo, Norway

22.       Thor Erik Musæus, Grindstuveien 4, 1349 RYKKIN, Norway

23.       Ove Lerdahl, Bakkeveien 19, 0281 Oslo, Norway

24.       Jan Edvin Evensen, Røaveien 20, 0752 Oslo, Norway

25.       Otto Kristian Sønju, Hamang Terrasse 39, 1336 Sandvika, Norway

26.       Helle Hundseid, Åsløkkveien 51, 1396 Billingstad, Norway

27.       Kjell Magne Rabben, Gjesdalbakken 17, 4306 Sandnes, Norway

28.       Henrik Falch, Setra Vei 7 A, 0786 Oslo, Norway

29.       Harald Johan Norvik, Richard Baches Vei 21, 1452 Nesoddtangen, Norway

30.       Element ASA previously known as Intex Resources ASA, Crew Minerals ASA, Crew Minerals AS, Crew Norway AS, and Mindex ASA, Prinsens gate 2, N-0152, Oslo, Norway

31.       Claus Johannsen, Jarveien 10A, 1342 JAR, Norway

32.       Ola Røthe, Øvre Smestadvei 31, 0378 Oslo, Norway

33.       Anders Hvide, Fredrik Stangs gate 40, 0264 Oslo, Norway; and Skøyenveien 28, 0375 OSLO, Norway

34.       Morten Garman, Hospitsveien 18, 0393 Oslo, Norway

35.       Dag Fredrik Arnesen, Hasselveien 17, 1344 Haslum, Norway

36.       Erik Moe, Villaveien 12, 0371 Oslo, Norway

37.       Anders Ulseth, Nils Tollers vei 6, 0851 Oslo, Norway

38.          Wollert Hvide jr., Sørbyhaugen 20, 0375 OSLO, Norway

39.       Brian Ole Jepsen, Drammensveien 89 B, 0271 Oslo, Norway

40.       Dag Fredrik Jebsen Arnesen, Olabakken 4, 1397 Nesoya, Norway

41.       Andreas Daae-Qvale, Vargveien 9 B, 1488 Hakadal, Norway

42.       Ellen Randi Opsal, Buskerudveien 219 F, 3027 Drammen, Norway

43.       Hans Christian Ovist, Løvensiolds vei 19, 1358 Jar, Norway

44.       Kjell Sundsli, Fortunaveien 21, 3234 Sandefjord, Norway

45.       Merete Haugli, Drammensveien 54 A, H0204, 0271 Oslo, Norway

46.       Kjell Erik Almskog, Karenslyst Allé 1 B, 0278 Oslo, Norway

47.       Hilde Rolandsen, Eriksvollveien 17, 8206 Fauske, Norway

48.       Andrea Cheryl Båsen, Sven Svensens vei 15, 3014 Drammen, Norway

49.       Erlend Trygve Grimstad, 100 Samat Str. Ayala Alabang Village, Muntinlupa City 1780, Metro Manila, The Philippines

50.       Karen Helene Ulltveit-Moe, Dicks vei 14, 1366 Lysaker, Norway

51.       Tom Ruud, Jegerveien 17 B, 0777 Oslo, Norway

52.       Finn Haadem, Anne Maries Vei 20, 0373 Oslo, Norway

53.       Mimi Kristine Berdal, Jarlsborgveien 3 F, 0379 Oslo, Norway

54.       Brynjulf Freberg, Solvikveien 36, 1363 Høvik, Norway

55.       Ingrid Elvira Leisner, Vettaliveien 8, 0781 OSLO, Norway

56.       Tone Bjørnov, Munkedamsveien 100, 0270 OSLO, Norway

57.       Christian Loennecken Holst, Elisenbergveien 35 B, 0265 Oslo, Norway

58.       Michael Stensrød Juuhl, Måltrostveien 24, 0786 Oslo, Norway

59.       Thomas Brager Carlsen, Strømstangveien 22, 1367 Snaroya, Norway

60.       Synne Syrrist, Rundhaugveien 5 A, 0495 Oslo, Norway

61.       Cameron Garry Belsher, 504 - 4th street, V3L2V6 New Westminster, BC, Canada

62.       Cecilie Grue, Ekebergveien 12 B, 1356 Bekkestua, Norway

63.       Mona Lynne Eitzen, Kirkeåsveien 22 A, 1178 Oslo, Norway

64.       Kari Mette Toverud, Tjernsundveien 33, 1368 Stabekk, Norway

65.       Thomas Wollmar Néeven Christensen, Observatoriegata 14 A, 0254 Oslo, Norway

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals