Notices published in Govt Gazette No 20,322 of 31 December 2019

By means of a decree of the 27th August, 2019, handed down by the First Hall of the Civil Court  in the records of the judicial letter number 828/2018 in the names Automated Revenue Management Services Limited vs Teddy Arthur Maskell, the following publication was ordered for the purpose of effecting service on the respondent Teddy  Arthur Maskell in terms of Article 187(3) et sequitur of Chapter 12.

In the First Hall of the Civil Court

To Teddy Arthur Maskell (ID 54904L) of 104, Sempre Vive, Triq tal-Kleru, Fgura

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 Corporation 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 Chapter 12 of the Laws of Malta and solicits you to pay the amount of €15,881.95 which amount is sure, liquid and due and representing the balance due for the consumption of water and electricity, rent of water and electicity meters, administrative costs connection and disconnection fees and/or any other payment according to the electricity supply regulations or water supply regulations together with interest due on the amount according to Law  regarding bill number 101000005500  regarding the premises with address Plt 44, Gge Ground Flr Level, Industrial Zone, Triq Manwel Borg Gauci, Ħal Qormi which amounts to €15,881.95.

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 Chapter 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 10th December, 2019, of the Civil Court First Hall, in the records of judicial letter number 3727/2019, in the names Commissioner for Revenue vs Bo Patrik Alfvegren pro et noe, the following publication for the purpose of service on the respondents pro et noe was ordered in terms of Article 187 (3) et sequitur of Chapter 12.

In the First Hall of the Civil Court

To Bo Patrik Alfvegren (ID 39421A) and Magdalena Racz (ID 80537A) in your own name and also as directors for and on behalf of the company Vigourtech Limited (C 49310)

By the present the Commissioner for Revenue of Centre Point Building, Triq Ta' Paris, Birkirkara, calls upon you in terms of Articles 59 of Act XXIII of 1998, so that within two (2) days from the service of this act, you pay the  amount of €320,947.84 representing the 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 till the date of effective payment.

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

In default, the interpellant warns you that he will proceed in executing the mentioned executive title which he has against you pro et noe by means of the opportune warrants.

So much so that you may know how to proceed and to regularise your position.

Notification:  

1.  Bo Patrik Alfvegren:  Portomaso, Block 11, Apt 52, San Ġiljan STJ 4013

2.  Bo Patrick Alfvegren:  Pender Gardens 1652, Triq Ivo Muscat Azzopardi, San Ġiljan

3.  Magdalena Racz:  Portomaso 1152, San Ġiljan STJ 4013

4.  Vigourtech Ltd:  Tapaz Restaurant & Bar, Triq Santu Wistin, Paceville, San Ġiljan STJ 3310

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

Notice Registry of the Civil Court (Family Section)

Whereas the plaintiff Martin Amicable (ID 0040733A) filed an application under oath (No. 283/2019JPG) demanding corrections in the Act of Birth of Martina Briffa, number 3529/2009 in the Public Registry.

Whosoever may have an interest therein, and wishes to oppose that demand, is hereby called upon to do so, by means of a note to be filed in the Registry of these Courts, within fifteen days from the day of the publication of this present notice in the Government Gazette.

Those who, within the aforesaid time, shall have filed such note, shall be notified by the service of a copy of the said application under oath, of the day which will be appointed for the hearing of the case.

By order of the Court,

LORRAINE DALLI

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 17th October, 2019, following a request by Onobed Limited, it was ordered that deputy curators be chosen to represent the unknown heirs of Marianna Abela, Carmela Caruana, Carmela Farrugia, Maria Antonia Borg and Carmelo Felice and Feliċ Mizzi in the acts of the schedule of deposit number 1922/2019 in the names Onobed Limited vs Deputy Curators and in the other relative and subsequent acts.

By means of a schedule of deposit and concurrent redemption of ground rent filed in the First Hall of the Civil Court, in the names Onobed Limited previously Maypole Properties Limited (C 11961) of The Bakery, Maypole, Industrial Estate, Triq Tal-Ħandaq, Ħal Qormi vs deputy curators to represent the unknown heirs of Marianna Abela daughter of Gio Maria Abela, born in Ħal Qormi, Carmela Caruana, daughter of Gio Maria Abela wife of Edward born in Ħal Qormi, Carmela Farrugia daughter of Ciacomo Abela and wife of Giuseppi and Maria Antonia Borg, wife of Giovanni, born in Ħal Qormi and deputy curators to respresent the unknown heirs of Carmelo Felice, son of Giorgio and born in Ħal Qormi and deputy curators to represent the unknown heirs of Feliċ Mizzi, son of Andrea Mizzi and born in Ħal Luqa, filed on the 15th October, 2019, the applicant respectfully submitted:

That the applicant is the owner of the premises that is the house number 109 previously 75 in Triq San Bartolomeo, corner with Victory Street (Triq Vittoriosa) in Ħal Qormi, were it has two numbers, that is 289 and 290 including that the premises used to be used as a shop and forms an integral part of the house, together considered as one property including the relative air space and subject to the annual and perpetual groundrent of Lm2.22;

The applicant acquired this property by means of a contract of sale dated 11th May, 2000, in the records of Notary Dr Carmel Mangion here attached and marked as Doc. A which premises is shown on the attached plan marked as Doc. B;

The said property is subject to the annual and perpetual ground rent of Lm2.22 that is €5.17 which annual and perpetual ground rent is payable to the respondent that is €3.45 payable to the unknown heirs of Marianna Abela, Carmela Caruana, Carmela Farrugia and Maria Antonia Borg in equal shares between them, whilst €1.51 are payable to the unknown heirs of Carmelo Felice and the remaining €0.21 payable to the unknown heirs of Feliċ Mizzi;

The applicant wish to avail itself of the option given to it by means of Article 1501 of the Civil Code (Cap. 16 of the Laws of Malta) and redeem the same ground rent in terms of the same law;

That the sum of €3.45 capitalised at the rate of 5% according to subarticle 2 of Article 1501 of the Civil Code amounts to €69.00;

That the sum of €1.51 capitalised at the rate of 5% according to subarticle 2 of Article 1501 of the Civil Code amounts to €30.20;

That the sum of €0.21 capitalised at the rate of 5% according to subarticle 2 of Article 1501 of the Civil Code amounts to €4.20.

Thus the applicant in terms of Article 1501 of the Civil Code is humbly calling upon this Honourable Court and under its authority is depositing the amount of €103.40 representing the redemption of the said annual and perpetual groundrent regarding the property de quo which sum can be freely withdrawn by the respondents after leaving the relative receipt according to law.

Applicant: Onobed Limited, The Bakery, Maypole, Industrial Estate, Triq Tal-Ħandaq, Ħal Qormi

Notification:

Director Public Registry, Triq il-Merkanti, Valletta

Lands Registry, Casa Bolino, 116, Triq il-Punent, Valletta

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. Mr Justice Mark Chetcuti, LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

Notice Registry of the Civil Court (Family Section)

Whereas the plaintiff Matthew Cutajar (ID 488191M) filed an application under oath (No. 285/2019JPG) demanding corrections in the Act of Birth of Jacob Cutajar, number 3302/2002 in the Public Registry.

Whosoever may have an interest therein, and wishes to oppose that demand, is hereby called upon to do so, by means of a note to be filed in the Registry of these Courts, within fifteen days from the day of the publication of this present notice in the Government Gazette.

Those who, within the aforesaid time, shall have filed such note, shall be notified by the service of a copy of the said application under oath, of the day which will be appointed for the hearing of the case.

By order of the Court,

LORRAINE DALLI

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 10th December, 2019, of the Civil Court First Hall, in the records of judicial letter number 2959/2019, in the names Commissioner for Revenue vs Clarence Busuttil 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 Clarence Busuttil (ID 120859M) in your own name and also as director for and on behalf of the company Bay Catering Company Limited (C 39785)

By the present the Commissioner for Revenue of Centre Point Building, Triq Ta' Paris, Birkirkara, calls upon you in terms of Articles 59 of Act XXIII of 1998, so that within two (2) days from the service of this act, you pay the amount of €102,641.35 representing the amount due by you according to the same act.

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

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

In default, the interpellant warns you that he will proceed in executing the mentioned executive title which he has against you by means of the opportune warrants.

So much so that you may know how to proceed and to regularise your position.

Notification:

1. Clarence Busuttil, 27, Triq San Nikola, Tas-Sliema

2. Clarence Busuttil, Regent Park Towers Fl. 4, Triq Ġorġ Borg Olivier, San Ġiljan

3. Bay Catering Co. Ltd, 133, Triq Spinola, San Ġiljan

4. Bay Catering Co. Ltd, 47, Triq Ġorġ Borg Olivier, San Ġiljan STJ 08

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 28th May, 2019, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 2443/2018 in the names Automated Revenue Management Services Ltd pro et noe vs Bernard Chircop,  the following publication was ordered for the purpose of effecting service on the respondent Bernard Chircop in terms of Article 187(3) et sequitur of Cap. 12.

In the Court of Magistrates (Malta)

To Bernard Chircop (ID 476475M) of 35, St Rita, Triq is-Salib Imqaddes, Birkirkara

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, 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 €1,226.54, which amount is sure, liquid and due and representing the balance due for the consumption electricity, rent of  electricity meter, administrative fees, connection and disconnection fees, and/or any other payment according to the electricity supply regulations   together with interest due on the amount according to law regarding the bill with number 101000172623 regarding the premises C/Part Blk B, Triq Anthony Sammut, Birkirkara.

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 28th May, 2019, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 2433/2018 in the names Automated Revenue Management Services Ltd pro et noe vs Jason Cachia,  the following publication was ordered for the purpose of effecting service on the respondent Jason Cachia in terms of Article 187(3) et sequitur of Cap. 12.

In the Court of Magistrates (Malta)

To Jason Cachia (ID 183478M) of 106, Sydney, Triq Ignazio Saverio Mifsud, Birkirkara

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, 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 €3,759.62, which amount is sure, liquid and due and representing the balance due for the consumption electricity, rent of  electricity meter, administrative fees, connection and disconnection fees, and/or any other payment according to the electricity supply regulations   together with interest due on the amount according to law regarding the bill with number 101000248348 regarding the premises San Ġwann Garage, Triq is-Salib Imqaddes, Birkirkara.

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 an application filed in the Civil Court of Voluntary Jurisdiction Section on the 21st November, 2019, Application number 2082/2019 by Maria De Giorgio et,  whereby they requested that it will be declared open in favour of Mario De Giorgio, Michael De Giorgio, Paul De Giorgio, Anna Roza, John De Giorgio and George De Giorgio all brothers and sisters De Giorgio in equal shares between them the succession of their mother Carmela De Giorgio, widow of Joseph De Giorgio, daughter of the late Rosario Micallef and Antonia Micallef nee Cardona,born in Birkirkra, Malta, resided in Ħal Luqa, Malta, died in Ħal Luqa, Malta on the 14th July, 2019, aged 87, who held identity card number 479732M.

Wherefore any person who believes to have an interest in the matter is hereby called upon to appear before the said Court and to bring forward his objections hereto by a minute to be filed within fifteen days from the posting of the banns and notices according to law.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section on the 17th October, 2019, Application number 1827/2019 by Dr Errol Cutajar as mandatory of  Paul Walter Mallia who is abroad, whereby he requested that it will be declared open in favour of the inheritance of the late husband of the decujus and that is Felix Grech, Hector Grech and Melita Mary Grech in the quota of one fourth (1/4) undivided share each one of them and in favour of Paul Grech, Frances Grech, Grace Lucy Jones and Frank Paul Grech in the quota of one sixteenth (1/16) each one of them the succession of  Grace Grech nee Mallia, wife of Emanuel Grech, daughter of Costantine Mallia and Angela Sant, born in Malta, resided in Dearborn, Wayne, United States of America and died in Wayne, Michigan, United States of America on the 26th February, 1977, aged 78.

Wherefore any person who believes to have an interest in the matter is hereby called upon to appear before the said Court and to bring forward his objections hereto by a minute to be filed within fifteen days from the posting of the banns and notices according to law.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section on the 14h November, 2019, Application number 2039/2019 by Carmel Ellul, Paul Ellul, Victor Ellul and Andrew Ellul, whereby they requested that it will be declared open in their favour in the quota of one fourth (1/4) undivided share each one of them the succession of their mother Rita Ellul, wife of Joseph Ellul, daughter of Innocent Zammit and Carmela Barbara, born in Mqabba, Malta, resided in Mqabba, Malta and died in Naxxar, Malta on the 21st January, 2019, aged 81, who held identity card number 0080738M.

Wherefore any person who believes to have an interest in the matter is hereby called upon to appear before the said Court and to bring forward his objections hereto by a minute to be filed within fifteen days from the posting of the banns and notices according to law.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section on the 17th October, 2019, Application number 1831/2019 by Dr Errol Cutajar as mandatory of  Paul Walter Mallia who is abroad, whereby he requested that it will be declared open in favour of Mallia Family Trust the succession of Benjamin Bernard Mallia, husabnd of Dorothy Mallia, son of Valentine Mallia and Jennie Snyder, born in Detroit, Michigan, United States of America, resided in Detroit, Michigan, United States of America and died in California, United States of America on the 22nd, May 2005, aged 74.

Wherefore any person who believes to have an interest in the matter is hereby called upon to appear before the said Court and to bring forward his objections hereto by a minute to be filed within fifteen days from the posting of the banns and notices according to law.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section on the 17th October, 2019, Application number 1819/2019 by Stella Vassallo et, whereby they requested that it will be declared open in favour of Carmel Vassallo in the quota of one sixth (1/6) undivided share, in favour of  Paul Vassallo Agius in the quota of one sixth (1/6) undivided share, Mary Doris Sciberras in the quota of one sixth (1/6) undivided share, Melita Zammit in the quota of one sixth (1/6) undivided share, John Vassallo in the quota of one twelfth (1/12) undivided share, Anthony sive Tonio Vassallo in the quota of one twelfth (1/12) undivided share, Patricia Moira Vella Briffa in the quota of one twelfth (1/12) undivided share and Ingrid Vella in the quota of one twelfth  (1/12) undivided share the succession of Ines Vassallo, unmarried, daughter of the late Joseph Vassallo and Josephine nee Agius, born in Rabat, Malta, resided in Rabat, Malta and died at Tal-Qroqq, Msida, Malta on the 7th December, 2017, aged 79,  who held identity card number 114338M.

Wherefore any person who believes to have an interest in the matter is hereby called upon to appear before the said Court and to bring forward his objections hereto by a minute to be filed within fifteen days from the posting of the banns and notices according to law.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 15th November, 2019, of the Rent Regulation Board, in the records of the Application in the names Maria Fatima Vassallo et vs Joseph Alfred Sacco et, Application Number 164/2019MV, the following publication was ordered for the purpose of effecting service on the respondent Joseph Alfred Sacco and Josephine Sacco 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 Maria Fatima Vassallo (ID 285150M) and John Edward Vassallo (ID 390646M) vs Joseph Alfred Sacco  (ID 184046M) and Josephine Sacco (ID 777247M) and Housing Authority as amicus curiae filed before the Rent Regulation Board on the 24th July, 2019, the applicants Maria Fatima Vassallo et request with respect that this Board:

1. Declares and decides that the respondents Joseph Alfred and Josephine spouses Sacco are the occupiers of the premises 183 previously 157, Triq is-Sorijiet, Ħal Tarxien in terms of Chapter 158 of the Laws of Malta, which premises were originally granted by temporary emphyteusis for a period of 17 years to Oscar Bugeja at theannual and temporary sub ground rent of Lm25 per year  payable six months in advance which began to run from the 9th May, 1967, and this  according to the same contract here attached and marked as Document A where subsequently by means of a contract of the 4th November 1970 in the acts of the same Notary Doctor George Cassar here attached and marked as Document B, the respondent Joseph Alfred Sacco acquired the remaining time of the temporary emphyteusis from the said Oscar Bugeja.

2. Orders that the means test of the occupants Sacco is carried out, which test is to be based on the means test as established by the Rules of the Continuation Tenancies (Means Testing Criteria issued under Article 1531F and 1622A of the Civil Code) and any other regulations that may substitute these from time to time, which test has to be on the basis of the income of the occupants Sacco between 1st January and the 31st December, 2018, and on the capital of the same Joseph Alfred and Josephine spouses Sacco on the 31st December, 2018.

3. Declares and decides that in terms of Act XXVII of 2018, the rent is to be revised to an amount which does not exceed 2% per year of the open market value of the premises 183 previously 157, Triq is-Sorijiet, Ħal Tarxien with effect  from the 1st January, 2019, and to establish new conditions regarding the lease and in default, if the respondents Sacco do not satisfy the criteria of income and capital of the means test, the respondents will be given a period of five years within which to vacate the premises, besides paying compensation to the applicant for occupying the premises during the said time which amounts to double the rent which was payable according to Articles 12 and 12A of Chapter 158 of the Laws of Malta and this relative to the rent that should have been payable in terms of Act X of 2009 which is to be not less than the annual rent due as of 1st January, 2019, when the said rent is to be increased over and above the rent payable for the preceding three years.

4. Orders, in case the respondents Sacco do not satisfy the criteria of the income and the capital of the means test, the eviction of the same respondents Sacco from the premises 183 previously 157, Triq is-Sorijiet, Ħal Tarxien within five years from today.

With costs and the respondent is from now summoned so that reference to their oath be made and without prejudice to the constitutional and conventional rights of the applicant and to any claim for damages for pecuniary and non-pecuniary and other claims or of any other action that may be presented.

Applicant:  Maria Fatima Vassallo and John Edward Vassallo, 77, Triq Ħal Tarxien, Ħal Tarxien

Respondents: Joseph Alfred Sacco and Josephine Sacco, 183, Triq is-Sorijiet, Ħal Tarxien

The  application in the names Maria Fatima Vassallo et vs Joseph Alfred Sacco et, Application Number 164/2019MV, has been postponed for hearing to the 14th January, 2020, at 10.45 a.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Court of Appeal on the 27th November, 2019, in the records of the Application in the names Plamenov Angelo vs Joseph Borg pro et, Application Number 77/19, the following publication was ordered for the purpose of service of the respondent Plamenov Angelov, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application filed in the Court of Appeal in the Dispute of Employment Number 3482/JHP between Plamenov Angelov (ID 27246A) vs Joseph Borg (ID 73166M) who carries out the business 'Gym Stars' and by decree of the 12th December, 2016, HF Investments Ltd (C 17186) was called into the cause, decided 30.09.19, on the 14th October, 2019, the appellant HF Investments Ltd (C 17186) represented by Joseph Borg (ID 724262M) in his capacity of Director of the same company respectfully pleaded:

That the case was referred to the Industrial Tribunal by means of an application, presented at the Courts of Justice and sent to the Industrial Tribunal on the 23rd August, 2016, whereby Plamenov Angelov (ID 27246A) asked that the Honourable Tribunal decide that the decision of the respondent company today appellant regarding such termination was unjust since that it is based on criteria which are not just and other reasons not established by law and consequently the decision is null and without effect and consequently order that the applicant take the work back or be given compensation according to law.

That by means of its reply the respondent company today appellant pleaded the following;

1. That the questions included in the application of the applicant as well as the facts therein alleged are unfounded in fact and at law and are to be rejected with costs against him.

2. That without prejudice to the above and on the merit H.F. Investments replies that the disimissal of Plamenov Angelov was just, that he started to come to work in a state of drunkness and that he could not take care of himself.

3. That in the past the applicant was given warnings even and especially due to reports made against him by international judges of gymnastics.

4. That during this period various complaints were being recieved by parents who were not pleased with the applicant's behaviour and there were various parents who were going to stop the children from continuing to attend in this gym.

5. That without prejudice to the above, the company H.F. Investments Limited does not owe anything to the plaintiff since he had been paid all that was due to him by means of cheque number 1501 issued by the Banif Bank, dated 1st July, 2016, in the amount of €1,142.87, which cheque was sent by the legal consultant of H.F. Investments Ltd, together with the legal letter of the 5th July, 2016.

6. Thus and in view of the above the applicant's demands are to be rejected with costs against him.

That this dispute of work was discussed and decided by a judgement of the Industrial Tribunal in the cause in the names premised of the 30th September, 2019, whereby the Industrial Tribunal after hearing the evidence of the parties, read the submissions … omissis … and reached the decision that the termination of employment of the applicant was not for a serious reason according to law.

That the appellants felt aggrieved with this jugement in the cause in the names premised and is filing an appeal before this Honourable Court of Appeal.

a) Grievances

1. That despite that the Industrial Tribunal found that the dismissal of the applicant today respondent was unjust, in such case the respondent should not have been given any monetary compensation and this since that a) the respondent found another job and thus did not lose money b) the gym in question or rather Gym Stars does no longer operate and was not operating during the pendency of these procedures … omissis … and any compensation liquidated by the Industrial Tribunal had to be limited only for for the period that the business continued to operate after the dismissal.

2. That without prejudice to the above regarding the payment of compensation in case of unfair dismissal from employment the Maltese Courts observed the following: In the first place the special law applicable does not provide anywhere fixed rules regarding the amount of compensation. It limits itself in the proviso of Article 81(2) of the act to precise certain criteria which are to be taken into consideration to stabilise the amount of compensation.

3. That thus it follows in every case any compensation that the Industrial Tribunal may be pleased to liquidate is to be liquidated only on the basis of criteria which are mentioned in Article 81(2) of Cap.452.

4. That thus when the Industrial Tribunal quantified the compensation due to the appellants, it did not consider the facts mentioned in Article 81(2) of Cap. 452. Furthermore the Industrial Tribunal did not explain how it arrived to liquidate the sum of five thousand euro (€5,000).

d) Conclusion

Thus the appellant company prays this Honourable Court to vary the decision of the Industrial Tribunal by whilst confirming it was declared that the dismissal from the employment was unjuust, cancel that part in virtue of which the Industrial Tribunal liquidated the sum of five thousand euro (€5,000) as compensdation due to Plamenov Angelov (ID 27246A) and instead liquidate compensation which reflects all those factors established in Article 81(2) of Cap. 452 of the Laws of Malta and always according and in so far as it results from the proof already provided in the records of the present employment dispute.

Notify Respondent: 114, Triq San Xmun, Buġibba, l/O San Pawl il-Baħar

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall, on the 21st November, 2019, and by judgement given by the Civil Court, First Hall on the 9th July, 2019, on the Application number 27/2017LSO in the names P & S Limited (C 4860) vs Dr Fransina Abela et noe, Thursday, 13th February, 2020, 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, nearby the Courts Archives, level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

Property in the limits of Santa Venera with one side on Triq Misrah il-Barrieri and measuring approximately six hundred and sixty point forty-six metre square (660.46m2), bounded on the North by the said street, to the West and South by property of the exponent society or any other correct boundaries, subject to annual and perpetual ground rent of thirteen euro and ninety-eight cent (€13.98) (equivalent to six maltese Liri (Lm6.00)). The bidding will start as estimated in the architect report at eight hundred thousand euro (€800,000) with the exclusion of extraneous bidders

The said tenement is the property of P & S Limited (C 4860) and after decree dated 16th February, 2017, Dr Fransina Abela and LP Jean Pierre Busuttil were nominated as deputy curators for the absent Azzopardi Joseph.

N.B. The said tenement will be sold as described in the acts of judicial sales number 41/2019.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals