Court Notices published in Govt. Gazette no 20,492 of 2nd October 2020

Republic of Malta  

To the Marshall of the Court

By means of a decree given by this Court on the 28th August, 2020, following a request of Charlon Scicluna it was ordered that deputy curators be chosen to represent the absentee Terence Flatt, in the records of the Sworn Application 747/2020GM and in the records of the garnishee order number 1105/2020, in the names Charlon Scicluna 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 Charlon Scicluna (ID 94278M) vs deputy curators to represent the absent Terence Flatt, on the 24th August, 2020, the applicant Charlon Scicluna  requested with respect and confirmed on oath:

That by means of a contract dated 18th October, 2019, in the records of Notary Doctor Joseph Smith La Rosa (attached Doc. CS1) the applicant acquired from the respondent the temporary sub-utile dominium for the remaining period from 150 years with effect from the 9th November, 1953, of the villa without official number named Dwejra in Triq Taħt l-Irdum, Mellieħa, with all its rights and appurtenances and this as better described in the same contract.

That recently the applicant discovered that the said villa had latent defects of a structural nature which existed before the sale, and this as confirmed in the attached report done by Architect Ian Critien dated 12th August, 2020, (attached Doc. CS2) and as it will be further proven during the hearing of the case.

That such defects render the villa not good for the use for which it was intended and it diminishes its value and the applicant would not have bought it and would have offered a lesser price if he knew about them.

Thus, the applicant is entitled to keep the object of sale but request a refund of the price that is established by this Honourable Court, if necessary, by means of the nomination of architects.

In addition, the respondent is responsible for the payment of damges incurred by the applicant as a consequence of the said latent defects because he acted in bad faith. In fact, from an analysis of the cracks which have formed as a result of these latent defects it resulted that these existed prior to the sale and were covered by the respondent by plastering and paint.

The respondent failed to make good for these latent defects.

The applicant was therefore constrained to proceed with this case.

Thus the applicant requests with respect this Honourable Court such that, subject to all the opportune declarations and provisions, it:

1. Declares that the villa without official number named Dwejra in Triq Taħt l-Irdum, Mellieħa, acquired by the applicant by means of a contract dated 18th October, 2019, in the acts of Notary Doctor Joseph Smith La Rosa (attached Doc. CS1), is effected with latent defects, if necessary by the appointment of architects, which hidden defects render the said villa not good for the use for which it is intended and they diminish its value so much such that the applicant would not have bought it or would have tendered a lower price for it, had he known about them.

2. Liquidates that part of the price from the amount of sale as stipulated in the contract dated 18th October, 2019, in the acts of Notary Doctor Joseph Smith La Rosa, which is to be reduced from the same in terms of Law.

3. Condemns the respondent to pay the applicant the sum liquidated in terms of the previous request.

4. Subject to the opportune declaration that the respondent acted in mala fede, it finds him responsible for the damages incurred by the applicant because of the said latent defects.

5. Liquidates the damages incurred by the applicant as a consequence of the latent defects, by means of the nomination of architects.

6. Condemns the responent to pay the applicant the damages liquidated in terms of the previous request.

With costs, including the relative garnishee order number 1002/20 filed together and this legal interest against the respondent  who is from now summoned so that a reference to his oath be made.

By means of a Garnishee Order, filed on 24th August, 2020, in the First Hall of the Civil Court, in the names Charlon Scicluna (ID 94278M) vs deputy curators to represent the absent Terence Flatt (ID 44359A), the applicant Charlon Scicluna (ID 94278M) respectfully requested and confirmed on oath:

That this Court orders the issue of a garnishee order to be executed on the garnishee or garnishees as hereinafter mentioned against the debtor for the debt herein mentioned and for the costs of this procedure, as security for the debt hereinafter indicated:

Debt: 

Principal Sum: €75,000

Interest: Reserved

Costs: Reserved

Title: The amount as security by means of this warrant represents the amount that has to be deducted from the price of the sale in terms of the action aestimatoria in connection with the villa without official number known as Dwejra, in Triq Taħt l-Irdum, Santa Maria Estate, Mellieħa which property was acquired by the creditor from the debtor by means of a contract in the records of Notary Joseph Smith La Rosa dated 18th October, 2019, which property has  hidden structural defects of such nature that if they were known by the creditor he would have tendered a lower price to the debtor for the sale of the same property.

Garnishees:

1) Bank of Valletta plc

2) HSBC Bank Malta plc

3) Lombard Bank Malta

4) APS Bank Ltd

5) Accountant General

6) Registrar, Civil Courts and Tribunals

7) BNF Bank (Malta) plc

8) MeDirect Bank (Malta) plc

Creditor: Dwejra, Triq Taħt l-Irdum, Mellieħa

Debtor: Deputy curators

Garnishees:

1) Bank of Valletta plc, 43, Triq Żakkarija, Valletta

2) HSBC Bank Malta plc, 16, Triq id-Dejqa, Valletta

3) Lombard Bank Malta plc, Triq ir-Repubblika, Valletta

4) APS Bank Limited, Triq Sant'Anna, Floriana

5) Accountant General, The Treasury, Valletta

6) Registrar, Civil Courts and Tribunals, Law Courts, Valletta

7) BNF Bank plc, Level 2, 203, Triq D'Argens, Gżira

8) MeDirect Bank (Malta) plc, The Centre, Tigne Point, Tas-Sliema TPO 001

Deputy curators: Law Courts, Valletta

Applicant: Dwejra, Triq Taħt l-Irdum, Mellieħa

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, abovementioned, with the witness of the Hon. Anthony Ellul LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree of the 15th September, 2020, 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 187(3) of the Code of Organisation and Civil Procedure (Chapter 12).

That by an application filed by Commissioner of Tax on the 17th of October, 2020, the said application is asking for the withdrawal of the amount of €67,217.06 deposited by schedule of deposit number 1601/19 filed after:

Garnishee Order number 884/19 in the names of Theresa Cachia (ID  502860M) vs Elena Cachia (ID 28910A) heirs of the deceased Martin Cachia;

and Garnishee Order number 1318/18 in the names of The Commissioner of Tax vs Gilmore Cachia et.  

The Court ordered the notification of this application to the counter party with a four (4) day period to reply. 

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 5th February, 2019, following a request by John Azzopardi it was ordered that deputy curators be chosen to represent  the unknown owners in the acts of the schedule of deposit number 193/2019 in the names John Azzopardi vs deputy curators and in the other relative and subsequent acts.

By means of a schedule of deposit filed in the First Hall of the Civil Court, in the names John Azzopardi (ID 775651M) vs Charles Spiteri (ID 707352M) and deputy curators to represent the unknown co-owners of the premises known as 1, Triq il-Bajja, San Ġiljan, filed on the 31st January, 2019, the applicant John Azzopardi respectfully submitted:

That the applicant leases from the respondent Spiteri and other co-owners the premises number 1, Triq il-Bajja, San Ġiljan at the rent of €208 per year, payable yearly in advance, which lease expired on the 31st December, 2018;

That the applicant has been paying the rent for this premises from 1977;

That the applicant has to give the respondent the amount of €208;

That the respondent Spiteri, unjustly and without any reason valid at law, refused to accept the rent due to him and the other co-owners.

Therefore the applicant in order to exempt himself from any responsibility is requesting this Honourable Court and under its authority is depositing the amount of €208 so that they may be freely withdrawn by the respondents after leaving the relative receipt.

Applicant: John Azzopardi, 1, Triq il-Bajja, San Ġiljan

Respondents:

Charles Spiteri, 41, Santa Claus Apartment, Flat 3, Triq il-Ħarrub, Msida

Deputy curator to represent the unknown co-owners of the premises 1, Triq il-Bajja, San Ġiljan

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 Robert G Mangion LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree of the Courts of Magistrates (Malta), of 10th June, 2020, the publication of the following banns which appear hereunder was ordered for the purpose of service in terms of Article 931(3) of the Code of Organisation and Civil Procedure (Cap. 12).

Banns for Curators

Republic of Malta

To the Court Marshall

By a decree given by the Court of Magistrates (Malta) on a request of Maria Anna Schembri it was ordered that Deputy Curators be appointed to represent the unknown heirs in the schedule of deposit number 1029/2020 and in other relative and subsequent acts where she demanded:

That the applicant is the heir of Stella Mangion who passed away on the 12th March, 2020.

That the applicant has been living continuously in this premises number 92 previously known number 43 Triq l-Imsida, Santa Venera from the year 1976.

By means of this present she is depositing the rent due for the premises abovementioned in this Schedule of Deposit filed against curators because the owners are unknown.

That the rent of the premises amounting to Lm5 and thus the rent is regulated by article 1531C et sequitur of the Civil Code which sum is being calculated at €230.

The applicant is depositing the rent for the coming two years and that is for the years 2020 and 2024.

Therefore the applicant in order to exempt herself from any responsibility is depositing the amount of €860 that together with costs of this present procedure of €52.78 together amounts to €912.78 so that they may be freely withdrawn by the respondents after leaving the relative receipt according to law.

Applicant: 92, Triq l-Imsida, Santa Venera

Respondent: Deputy curators

You are therefore ordered to post a copy of these banns in the entrance of the court and call upon whoever wishes to act as curator to appear within four days in this registry and file a note with a declaration that he is prepared to act as such.

You are also ordered to inform every one that if there is no such declaration within the stipulated time, this court will proceed to the selection of curators of office.

After so acting, or if you should encounter any difficulty in the execution of the said banns, you are to inform forthwith this Court.

Given by the aforementioned Courts of Magistrates (Malta) with the witness of Dr Caroline Farrugia Frendo LLD, Doctor of Laws, Magistrate of the abovementioned Court.

ALEXANDRA DEBATTISTA

For the Registrar, Civili Courts and Tribunals

It is hereby notified that in virtue of a decree dated 2nd of September, 2020, given by the Court of Magistrates (Gozo) in its Voluntary Jurisdiction, Decree number 74/1992, the Court has ordered that Dolores Cordina, pensioner, daughter of the late George Cordina, and Carmela nee Saliba, born in Victoria and resides in Fontana, Gozo (Identity Card number 53442G) has been nominated as curator of her interdicted brother Carmelo Cordina, unemployed, son of the late George Cordina and Carmela nee Saliba, born in Victoria, Gozo, and resides in Fontana, Gozo (Identity card number 11555G) and this in substitution of the previous curator Anna Grech, wife of John Grech, daughter of the late George Cordina and Carmela nee Saliba, born in Victoria, Gozo, and resides in Xewkija (Identity card number 3160G).

DORIANNE CORDINA

For the Registrar, Courts  and Tribunals (Gozo)

It is hereby notified that by a decree dated the 4th of September, 2020, the Court of Magistrates (Gozo) in its Inferior Jurisdiction, ordered the publication of the extract reproduced hereunder for the purpose of service in terms of section 187(3) of the Code of Organisation and Civil Procedure, and this with regard to respondent Steven Vella mentioned hereunder.

On the 28th of January, 2020, Christian Curmi of 16, Ġelu, Flat 1A, Triq ta' Barda, Marsalforn, Żebbuġ, Gozo, filed a Judicial Letter in the Court of Magistrates (Gozo), Inferior Jurisdiction (Letter number 26/2020BS) against Steven Vella of Chateau Perellos, Triq Santa Domenica, Victoria, Gozo and asked the Court to order:

Immediately upon notification of this letter, the payment in the sum of fifteen thousand euro (€15,000), representing balance due to him for money which was loaned to you, and this according to the private writing dated the sixth (6th) May of the year two thousand and nineteen (2019), a copy of which is hereby being attached and marked as document 'A'. You are also requested to pay the relative interest according to the aforementioned private writing which up to this date amounts to one thousand, one hundred and six euro and sixty-seven cents (€1,106.67).

You are being warned that in case of default my client will be seeking judicial action against you, including the institution of judicial warrants.

This letter should serve for your better advice and necessary guidance.

The request contained in this official letter, together with the rest of its content and the declaration annexed are being confirmed on oath according to article 166A of Chapter 12 of the Laws of Malta.

With costs, together with interest according to law.

Sworn declaration according to law. Made by Christian Curmi, retail investor, son of Angelo and Philippa nee Marmara, born in Tal-Pietà, Malta, on the twentieth (20th) December of the year one thousand nine hundred and eighty-nine (1989), resident in Marsalforn, Gozo, holder of identity card number 29690M.

I the undersigned declare that I am owed by Steven Vella (14791G) the sum of fifteen thousand euro (€15,000) representing balance due for money which I had loaned him, and this according to the private writing dated the sixth (6th) May of the year two thousand and nineteen (2019). This payment is to be affected together with interest accrued up to the date of full and final settlement, which up to this date amounts to one thousand, one hundred and six euro and sixty-seven cents (€1,106.67). That although the respondent has been asked to carry out payment he has remained in default. I believe that this debt is certain, liquid and due and that the respondent does not have a valid defence against such debt.

MAUREEN XUEREB

For the Registrar, Gozo Courts and Tribunals

By decree given by the Civil Court, First Hall on the 30th September, 2020, on the application of Bank of Valletta p.l.c (C 2833), Thursday, 26th November, 2020, at half past eleven in the morning (11.30 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.

Tenement numbered fifty-four (54) previously numbered seventy-two (72) in Triq Santa Marija, Ħaż-Żebbuġ, Malta including its airspace and the underlying basement, with a well in common with the adjacent properties previously numbered seventy-one (71) and seventy-three (73) respectively as described in the acts of Notary Doctor John Spiteri dated thirtieth (30th) July, one thousand nine hundred and ninety-seven (1997), free and unencumbered and valued at eight hundred and fifty thousand euro (€850,000).

The said tenement is the property of Gouder Maria Gloria (ID 499159M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 52/2019.

GAETANA AQUILINA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 21st July, 2020, of the Rent Regulation Board, in the records of the Application in the names Carmelo Grech vs Margaret Galea, Application Number 25/2020MV, the following publication was ordered for the purpose of effecting service on the respondent Margaret Galea 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 Carmelo Grech (ID 25745M) vs Margaret Galea (ID 272734M) filed before the Rent Regulation Board on the 12th February, 2020, the applicant Carmelo Grech (ID 25745M) humbly requests:

That the applicant is the owner of the premises with official number 20, formerly 6 and 7, in Triq in-Naxxar, San Ġwann (see the contract of acquisition attached and marked as Doc. CG1).

That these premises are leased to the respondent Margaret Grech.

That the respondent no longer resides in these premises and in fact these premises have been empty for more than two years.

This notwithstanding, the respondent, through her own son, is refusing to return the vacant possession of the premises to the applicant, and this since it appears that there is a claim for monetary compensation.

The applicant declares that this is not one of those instances where an old person would have left the premises temporarily, but is rather a case where, given the lapse of time and taking into account all the circumstances as will be proven before this Board, it is evident that the respondent has a clear intention of releasing the lease and this since she has no intention of returning to live in the said premises.

It is to be additionally stated that it would be grossly unfair on the applicant if these premises, which have been vacant for a number of years, are used as a weapon against the applicant such that the applicant pays money for the release of the premises when the premises, today, are not being used.

If this were to occur, this would certainly be tantamount to a breach of the fundamental right of the applicant to enjoy his own property without any hindrance.

Thus this application is being filed.

The applicant declares that he knows about these facts personally.

 The respondent is to therefore state why this Honourable Board should not:

1. Declare that the respondent no longer lives in the premises with address 20, Triq in-Naxxar, San Ġwann and she has not been living there for more than twelve months;

2. Declare that the intention of the respondent is not to return to the premises and thus this is equivalent to the release of the lease mentioned above;

3. Declare that the fact that the premises have not been used is tantamount to a change in the use of the premises;

4. Declare that the change of use was made without the authorisation of the owner, that is the applicant, and thus the respondent breached one of the main obligations of the lease;

5. Consequently in terms of Article 9(a) of Chapter 69 of the Laws of Malta declares that the lease of the premises 20, Triq in-Naxxar, San Ġwann is terminated;

6. Order the respondent so that within a short and peremptory time vacates from the premises 20, Triq in-Naxxar, San Ġwann and return the vacant possession to the same applicant.

Reserving any other action against the respondent and with costs including those of the judicial letter filed on the 12th March, 2019 (letter number 928/2019PA) and with legal interest till the date of effective payment.

Respondent: 10, Triq il-Ġjaċinti, San Ġwann

Notification: 20, Triq in-Naxxar, San Ġwann

The  application in the names Carmelo Grech vs Margaret Galea, Application Number 25/2020MV, has been postponed for hearing to the 13th October, 2020, at 10.20 a.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree of the 28th September, 2020, given by the First Hall Civil Court, the Court ordered that the extract hereunder mentioned be published for the purpose of service according the Article 338 (1) of the Code of Organisation and Civil Procedure (Chapter 12).

That by application and a Schedule of set-off filed contemporaneously by J. Zammit Limited on the 24th September, 2020, the approval of the said judicial acts is being demanded for the amount of €100.00 following judicial sale by auction 6/20 in the names J. Zammit Limited (C 37941) vs Danny David Doneo (ID 119886M) held under the authority of the said Court on the 23rd September, 2020.

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

Notice in terms of article 495A of the Civil Code issued by the Court of Magistrates (Gozo) Superior Jurisdiction, General Section

Sworn Application No. 58/2018 (PC)

Application in terms of Article 495A of the Civil Code

Luigia Vassallo, holder of identity card number 28734G

Reverend Monsignor John Gauci, holder of identity card number 4738G

Maryrose Gauci, holder of identity card number 41140G

Carmen Gauci, holder of identity card number 569945M

Franklin Gauci ID card holder number 322970M, Samuel Gauci ID card holder number 215073M, Joseph Gauci ID card holder number 227879M

Mario Vassallo holder of identity card number 49964G, Antoinette Saliba holder of identity card number 35060G, Salvina sive Sylvana Zammit holder of identity card number 34061G

CP Partners Limited (C 90368)

Kevin Farrugia, holder of identity card number 39393G

vs

Angela Gauci holds identity card number 20439G

Application by Luigia Vassallo, holder of identity card number 28734G, Reverend Monsignor John Gauci, holder of identity card number 4738G, Maryrose Gauci, holder of identity card number 41140G , Carmen Gauci ID card holder number 569945M, Franklin Gauci ID card holder number 322970M, Samuel Gauci ID card holder number 215073M, Joseph Gauci ID card holder ID card number 227879M, Mario Vassallo ID card holder number 49964G, Antoinette Saliba ID card holder number 35060G, Salvina sive Sylvana Zammit Card holder of identity number 34061G, CP Partners Limited (C90368) and Kevin Farrugia holder of identity card number 39393G and the said Mario Vassallo confirms on oath whilst stating that he knows the facts personally:

1. That this present application relates to the following property: a portion of land in Triq Għajn Qatet, Victoria, Gozo with the size of approximately seven hundred and thirty square meters (730m.k.) or a more accurate measurement adjoining the East by the said road, to the south by property of Alfred Camilleri or successors in title and to the north by property of the brothers as shown in red on the plan attached hereto and marked document A.

2. That this property originally belonged to Francesco and Teresa spouses Gauci. Francesco Gauci died on 21st December, 1978, while his wife Teresa Gauci nee Zerafa died on 9th June, 1995.

3. That Francesco and Teresa spouses Gauci had seven children, John, George, Tarcisio, Maryrose, Mary Josephine, Anthony and Luigia Vassallo all Gauci brothers.

4. That Francesco and Teresa spouses Gauci regulated their succession by virtue of a will in the deed of Notary Ġużeppi Cauchi of 21st January, 1967, by which they designated their seven (7) children as their universal heirs in equal shares amongst them and so all of them inherited a share of seventh (1/7).

5. That Anthony Gauci died on the 1st of August, 2003, and regulated his succession by virtue of a will in the deed of Notary Gerard Spiteri Maempel of the 20th of November, 2001, by which he left his wife Carmen Gauci as usufructuary and nominated his three sons Franklin, Joseph and Samuel as his universal heirs;

6. That Mary Josephine Gauci died unmarried and regulated her inheritance by means of a will in the deeds of Notary Dr Paul G. Pisani dated 30th August 2013 by which she left a share of one out of fourteen (1/14) from this land between the three (3) sons of Anthony Gauci, Franklin, Joseph and Samwel Gauci brothers (and therefore each of them inherited a share from forty two (1/42)) and left one share from another fourteen (1/14) between Luigia Vassallo's three children that is Antoinette Saliba, Sylvana Zammit and Mario Vassallo (each of them inherited a share out of forty-two (1/42)).

7. That Tarcisio Gauci died unmarried on the 29th July 2020 and regulated his inheritance by means of a will in the deed of Notary Dr Paul G Pisani dated the twenty-first (21) of March 2020 by which bequeathed his share of the portion of land in Triq Għajn Qatet, Victoria, Gozo with the size of approximately seven hundred and thirty square meters (730m.k.) to the three (3) children of Anthony Gauci that is, Franklin, Joseph and Samwel Gauci siblings and the three sons of Luigia Vassallo that is Antoinette Saliba, Sylvana Zammit and Mario Vassallo (each of them inherited a share of forty-two (1/42)).

8. That George Gauci died on the 20th March, 2019, and regulated his inheritance by virtue of a will in the deed of Notary Paul George Pisani of the nineteenth (19th) of June one thousand nine hundred and eighty-six (1986) by which he nominated his wife Angela sive Lina Gauci as his universal heir.

9. That by virtue of an agreement signed on the eighth (8) of July two thousand and twenty (2020), all the applicants excluding CP Partners Limited and Kevin Farrugia undertook to sell their shares in that portion of the land, namely six shares out of seven (6/7) undivided shares to the other applicants CP Partners Limited and Kevin Farrugia at a price calculated at one million and four hundred thousand euro (€1,400,000) for the whole property.

10. This agreement has been duly registered with the Commissioner of Inland Revenue with reference PS202006730.

11. That the applicants CP Partners Limited and Kevin Farrugia have in their favor a promise of sale of six shares out of seven (6/7) undivided shares.

12.       That the respondent Angela sive Lina Gauci who is the heir of George Gauci has one share out of seven (1/7).

13. That the applicants believe that the price agreed between all the applicants is an advantageous one given the size of this portion of land, as well as the location in which it is located, and all the circumstances related to this property as stated in the sworn declaration of the Architect attached hereto as Document B.

Therefore, the applicants respectfully request that this Honorable Court, after the publication of this application in the Government Gazette and in another local newspaper in terms of article 495A of Cap. 16 to:

1. Declare that the price as well as the proposed conditions for the sale of a share of all the applicants except CP Partners Limited and Kevin Farrugia from the property described above to the same CP Partners Limited and Kevin Farrugia are fair and appropriate, and that the same price and conditions shall apply to the sale of the share due to the respondent from this same property;

2. Approve the proposed sale, and order the publication of the deed of sale also in respect of the share due to the respondent Angela sive Lina Gauci, on the day, time and place to be so set and appoint Notary Dr. Anthony Hili to publish the deed of sale in due course, with the intervention of deputy curators in order to represent any defaulters on that deed.

The application is appointed for hearing for Monday, 23rd November, 2020.

SILVIO XERRI

For the Registrar, Gozo Courts and Tribunals

By means of a decree given by this Court on the10th September, 2020, following a request of Clint Zahra, it was ordered that deputy curators be chosen to represent the minor … omissis … in the records of the Sworn Application 134/20 AL, in the names Clint Zahra vs Deputy Curators and in the other relative and subsequent acts.

By means of a Sworn Application filed in the Civil Court (Family Section) in the names Clint Zahra (ID 36783M) vs Director Public Registry, Alexia Galea (ID 3767280M) and Deputy Curators to represent the interests of the minor … omissis …, on the 9th September, 2020, the applicant Clint Zahra (ID 36783M) asked the respondents to state why this Honourable Court should not:

1. Decide and declare that the interpellant Clint Zahra is the natural and biological father of the minor … omissis …who was born on the 10th June, 2016, and uphold the other demands in the application amongst which  the changes in the birth certificate as demanded in the application.

Interpellant Clint Zahra: Blk H, Flt 9, Triq il-Gladjoli, Mtarfa

Notify with the Bann: Alexia Galea, Arkata Flats, Flt 2, Triq Spiru Mizzi, Birkirkara

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, this Court will proceed to the selection of Curators of Office.

And after so acting or if you encounter any difficulty in the execution of this bann you are to inform this Court forthwith.

Given by the Civil Court (Family Section) abovementioned with the witness of the Hon. Anna Felice LLD, Doctor of Laws.

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Court of Appeal on the 18th June, 2020, in the records of the Application in the names Casino-For-Me Limited (C 37398) vs NYX Digital Gaming ( Malta) Limited (C 35153) previously Amaya (Malta) Ltd previously Chartwell Games (Malta) Limited, Application Number 624/08, the following publication was ordered for the purpose of service of the company NYX Digital Gaming (Malta) Limited (C 35153) previously Amaya ( Malta) Ltd previously Chartwell Games (Malta) Limited, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application presented in the Court of Appeal, Application 624/08, in the names Casino-for-Me Limited (C 37398) vs Chartwell Games (Malta) Limited (C 35153) and by decree of the 15th January, 2013, the respondent company now reads Amaya (Malta) Limited and by decree of the 15th November, 2019, the names of the company Amaya (Malta) Limited now changed to NYX Digital Gaming (Malta) Limited, on the 28th October, 2019, the appellant Casino-for-Me Limited respectfully pleaded:

That by means of an Application brought before the First Hall Civil Court on the 17th June, 2008, the applicant company Casino-for-me Limited premised:

1. That the applicant company signed a Software Development and Licence Agreement with the respondent company on the 28th April, 2006, in terms of which the respondent company qua 'software provider' rendered services of 'interactive gaming' to the applicant company for the purposes of its 'website'.

2. That subsequently the parties agreed to terminate the said 'Software Development and Licence Agreement' with effect from the 27th February, 2008, in such a manner that till the date of termination the applicant company pays all the amounts due to the respondent company in terms of the said 'Software Development and Licence Agreement' whilst the respondent company provides and delivers to the applicant company all the information in its possession.

3. That although the applicant company paid all the amounts due to the respondent company as agreed and the 'Software Development and Licence Agreement' was terminated on the 27th February, 2008, the respondent company failed to provide and deliver to the  applicant company the information concerning the clients of the applicant company.

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5. That although the respondent company was called to come forward for the payment of damages caused it remained in default.

That on the basis of the same premises the applicant company asked the Honourable First Court:

1. To declare and decide that the respondent company failed to provide and deliver the 'customer passwords' to the applicant company.

2. Declare and decide that as a result of the said behaviour of the respondent company the applicant company suffered damages.

3. Liquidate the damages suffered by the applicant company.

4. Condemn the respondent company to pay the damages liquidated.

That in virtue of the judgement given on the 10th October, 2019, the First Hall Civil Court decided the cause in the names premised by rejecting the plaintiff's requests as unfounded in fact and at law as it did not result that there was a contractual default, on the part of the company summoned.

That the applicant company Casino-for-me-Limited (CFM) today appellant felt aggrieved by this judgement and is thus filing this humble appeal.

That the grievance of the appellant company is clear and manifest and consists in the following:

That in the case that the Court has before it there results a particular circumstance. This is being stated because between the parties there was a written agreement which regulated what should be done if the contractual bond between them, is terminated as truly happened.

That if one looks at the contract made between the parties one finds that they agreed that 'Upon termination of this Agreement, Chartwell shall  promptly return to CFM all copies of  CFM data records or materials of any kind.'

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That from the proof brought forward in the records it results that Chartwell  was held by the Authority from passing to CFM the 'passwords' of its clients in a form which could be read a few days  before  the migration took place. Thus it is the case that Chartwell was in the impossibility to carry out what it promised to CFM. In the opinion of the Court, Chartwell should have known its affairs and ackowledge that it could not and should not have given such a promise.

That thus and in brief from this extract of the judgement today appealed it results clearly that the Honourable First Court concluded that altough the respondent defendant company Chartwell was obliged in terms of clause number 14.8 of the contract with the appellant compay CFM, that on termination of the same contract it returns to CFM 'all copies of CFM data, records or materials of any kind', including the passwords, this could be made due to a legal impediment as regards the passwords in an unencrypted form and namely that they could be read and thus this default by Chartwell to CFM, once it is prohibited by law, does not result in a contractual default as CFM is pretending.

That with the due respect such conclusion is legally correct only till it is limited to that which concerns the transfer of passwords in an unencrypted form. The Honourable First Court made no analysis regarding the transfer of passwords in the encrypted form.

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That the other crucial point which was determined in the course of  the reasoning of the Honourable First Court is  that it does not appear  that the agreement between CFM and Chartwell established any form of protocoll as to how the migration had to be made from Chartwell to the programe which was to follow, in this case Boss Media, and instead so that CFM could continue to serve its clients.

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That it is made clear that the appellant company agrees with the Honourble First Court that the password is private and remains the property of the player in such a manner  that this is not known by the operator (CFM) and nor by the programer (Chartwell) and that this information should be stored in an encrypted form. However the Honourable First Court  did not consider these passwords in an encrypted form. These are property of CFM, and form part of the data of CFM and thus should have been transferred by Chartwell to CFM in terms of the contract. This default of Chartwell which transferred the paswords thus constitutes a violation of its contractual obligations.

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Thus the appellant company whilst referring to all the proof produced before the HonourableFirst Court and whilst reserving the right to bring forward all the proof permitted to it by law respectfully prays that this Honourable Court, cancel, revoke and annul the judgement given by the First Hall Civil Court, on the tenth (10) of October, 2019, in the cause in the names Casino-for-Me Limited vs Chartwell Games (Malta) Limited (C 35153) and by decree of the15th January 2013, the respondent company now reads Amaya (Malta) Limited above referred to and decide the application by rejecting the pleas of the respondent company and uphold the applicant's demands, with costs against the respondent defendant company.

Notify Respondent Company: Vincenti Buildings, 28/19, Suite 1685, Triq ied-Dejqa,Valletta

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means  of a decree given by the Civil Court (Family Section) on the 9th September, 2020, in the records of the  Application in the names Locke Graham Matthew vs Theaker Pauline, Application Number 136/2020 JPG, the following publication was ordered for the purpose of service of the respondent Pauline Theaker, in terms of Article 187(3) et sequitur of Cap.12.

By means of an Application filed in the Civil Court( Family Section) in the names Graham Matthew Locke (ID 25696A) vs Pauline Theaker (ID 16366M) on the 20th May, 2020, the applicant Graham Mathew Locke (ID 25696A) asked this Honourable Court:

1. To pronounce the dissolution of the marriage between the parties in terms of Article 66B of Cap. 16 of the Laws of Malta and uphold the other demands in the application.

The Application in the names Locke Graham Matthew vs Theaker Pauline, Application Number 136/2020 JPG, has been put off for hearing to Tuesday, 6th October, 2020, at 9.45 a.m.

Defendant: 20, the Grove, Triq il-Gogi, Swieqi

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals