Court Notices published in Govt. Gazette no 20,494 of 6th October 2020

By means of a decree given by the Civil Court First Hall (Constitutional Jurisdiction) on the 14th May, 2019, in the records of the Application in the names Camilleri Joseph vs Attorney General et, Application Number 98/2018 JVC, the following publication was ordered for the purpose of service of the persons called into the cause Victoria Deguara and Maria Dolores Camilleri, in terms of Article 187(3) et sequitur of Cap. 12 and by decree of the 16th January, 2020, given in the same Application abovementioned, the Court ordered that wherever there is indicated in the Application, the Attorney General, this is to read State Advocate.

By means of an Application presented in the First Hall Civil Court (Constitutional Jurisdiction) in the names Joseph Camilleri (ID 351548M) vs 1. State Advocate a correction authorised by means of a decree dated 16th January, 2020 2. Angelo, Francis, Joseph, Victor, Margaret wife of Carmelo Fenech, Paolo and Maria Dolores wife of Philip Micallef, siblings Camilleri, the wives with the assistance of their husbands who are also acting as heads of the community of acquests and as administrators of the paraphernal property of their respective wife, for any interest they may have 3. and by decree of the 10th January, 2019, there were called into the cause Victoria Deguara and Maria Dolores Camilleri, on the 1st October, 2018, the applicant Joseph Camilleri (ID 351548M) respectfully pleaded:

Premises

That the interpellant is the defendant in the cause Angelo Camilleri et vs Victoria Deguara et, Writ of Summons Number 809/93, which is pending before this Honourable Court and put off to the 29th October, 2018, for further information.

… omissis …

That by means of a Decree of the Honourable First Hall of the Civil Court, given openly on the 5th October, 2016, the same Court had upheld the request of the plaintiffs, present respondents, for the calling into the cause of the Joint Office, in the above cause which request had been made by the plaintiffs by means of their decree dated 10th May, 2016.

… omissis …

Constitutional Complaint

That the interpellant upholds that the decree of the Honourable First Hall in the above cause of the 5th October, 2016, by means of which the same Court upheldf the  request of the plaintiffs presented defendants, for the calling into the cause of the Joint Office in the above cause, which request had been made by the plaintiffs … omissis … violates his fundamental right for a fair hearing as sanctioned in Article 39  of the Constitution of Malta, Article 6 of the First Schedule of the European Convention for the Protection of Fundamental Human Rights and Fundamental Liberties incorporated in the Laws of Malta, in virtue of Cap. 319 of the Laws of Malta, whereas amongst other reasons by such decree, the Court brought to nothing a specific plea of the interpellant which instead of being decided by a judgement according to law was rendered ineffective or surpassed by means of the decree in dispute.

… omissis …

That it is clear that the procedures de quo which already have been prolonged too much without any fault of the interpellant, by means of the decree de quo  were prolonged  and left to be prolonged further, because if the decree de quo is not annulled the cause shall be  widely opened in such a manner that it is prejudicial to the fundamental rights of the interpellant.

Demand

Thus and in view of the above and for the reasons abovementioned the interpellant respectfully asks this Honourable Court:

1. To declare that the facts exposed namely the decree of the Honourable First Hall in the cause of the 5th October, 2016, by means of which the same Court upheld the plaintiff's request, present respondents, for the calling into the suit of the Joint Office, in the above cause is in violation of the fundamental right of the interpellant to a fair hearing as sanctioned in Article 39 of the Constitution of Malta and Article 6 of the First Schedule of the European Convention for the Protection of Human Rights and Fundamental Liberties incorporated in the Laws  of Malta, by means of Cap. 319 of the Laws of Malta.

2. Give those orders, issue those acts and give those directives it deems fit to carry out and ensure the honouring of the fundamental rights of the interpellant as guaranteed under the Constitution of Malta and under the European Convention for the Protection of Human Rights and Fundamental Liberties by amongst others declaring that the Decree of the Honourable First Hall, in the above cause of the 5th October, 2016, which decree was confirmed by the Honourable Court of Appeal, by a decision of the 2nd March, 2018, is null and without effect against him and this under all those provisions this Honourable Court deems fit.

The Application in the names Camilleri Joseph vs Attorney General et, Application Number 98/2018 JVC, has been put off for hearing to the 1st December, 2020, at 9.30 a.m.
Parties called into the cause: Victoria Deguara, 48, Triq il-Kbira, Naxxar
Maria Dolores Camilleri, 63, Bistro, Flat 1,Triq Burmarrad, Burmarrad

Registry of the Superior Courts (Constitutional Jurisdiction), today 1st October,  2020

ADV. FRANK PORTELLI, LLD
For the Registrar, Civil Courts and Tribunals

By means of a decree of the 28th August, 2020, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 918/2020 in the names Simone Gauci vs Joseph Micallef et, the following publication was ordered for the purpose of effecting service on the respondents Joseph Micallef and Margaret Micallef in terms of Article 187(3) et sequitur of Cap. 12.

In the Court of Magistrates (Malta)

Today 5th June, 2020

To Joseph Micallef (ID 00507455M) and his wife Margaret Micallef (ID 00513955M) of 1, Triq Burgi, Madliena, Swieqi

By the present, Simone Gauci (ID 0060965M) of Villa Punentina, Triq il-Prekursur, Madliena refers  to the private writing dated 10th September, 2019, were you obliged yourself, inter alia, to demolish and build the dividing wall between the property of the interpellant and yours and this till the 10th March, 2020, and in case of delay a penalty of €200 a day had to be imposed and this until such works were ready. As you know the works were finished on the 9th April, 2020, that is 30 days from the day of expiry abovementioned and this without any valid reason at law.

Thus the interpellant is soliciting you so that you pay the total amount of €6000 together with interest due and this within two days from today and in default further legal procedures will be taken against you including but not limitedly the issue of the opportune warrants against you.

So much so you may know how to regulate yourselves according to law.

With costs against you.

Registry of the Court of Magistrates (Malta), today 2nd October, 2020

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals

ARB/C038/2020 – NEW FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 30th September, 2020, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Rachel Montebello, LLD). Compilation number 497/2020, in the case:

The Police

(Inspector Keith Vella)

(Inspector Pauline Bonello)

(Inspector Danilo Francalanza)

Versus

PATRICK GATT, 46 years, son of Emanuel and Carmen née Pace, born in Tal-Pietà, Malta, on the 14th March, 1974, residing at 47, Grazia, Triq John Borg, Birkirkara, and holder of Maltese identity card bearing number 212274M.

ORDERED the attachment in the hands of third parties in general of all moneys and other movable or immovable property due to or pertaining or belonging to PATRICK GATT and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property, and this according to Section 5 of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta, and Section 22A of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta.

The Court AUTHORIZED the said accused to receive the amount authorized by law that does not exceed thirteen thousand, nine hundred and seventy six euro and twenty-four cents (€13,976.24) per year, after the accused indicates with a note from where they are perceiving this money.

Any person who acts in contravention of the court order mentioned in Section 5 and Section 22A referred to above shall be guilty of an offence and shall on conviction be liable to a fine (multa) not exceeding eleven thousand and six hundred and forty-six euro and eighty-seven cents (€11,646.87), or to imprisonment for a period not exceeding twelve months, or to both such fine and imprisonment.

Any transfer or other disposal of any property made in contravention of the said Court order shall be null and without effect at law.

The Director, Asset Recovery Bureau

By a Decree of the 5th October, 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 Organization and Civil Procedure (Cap. 12).

That by application and a Schedule of set-off filed contemporaneously by Adv. Ann Fenech noe on the 1st October 2020 the approval of the said judicial acts is being demanded for the amount of €4,400,000 following judicial sale by auction 15/2020 in the names Adv. Ann Fenech noe vs Vessel Andes (IMO No. 9399739) held under the Authority of the said Court on the 30th September, 2020.

According to Article 338 (2) of Cap. 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

By a Decree of the 5th October, 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 Organization and Civil Procedure (Cap. 12).

That by application and a Schedule of set-off filed contemporaneously by Adv. Ann Fenech noe on the 1st October, 2020, the approval of the said judicial acts is being demanded for the amount of €5,060,000 following judicial sale by auction 13/2020 in the names Adv. Ann Fenech noe vs Vessel Algarrobo (IMO No. 9399789) held under the Authority of the said Court on the 30th September, 2020.

According to Article 338 (2) of Cap. 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

Republic of Malta   

To the Marshall of the Court

By means of a decree given by this Court on the 28th July, 2020, following a request of Advocate Doctor Luigi A Sansone as special mandatory of Lacoste it was ordered that deputy curators be chosen to represent Maham Dis Ticaret Tasimacilik Pazarlama Sanayi Ve Ticaret Limited.Sirketi and Sarl Bouhayra Legumes et Fruits Import/Export, in the records of the Sworn Application 582/2020 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 LL.B. (Hons) LL.D. (ID 258269 M) as special mandatory of Lacoste, foreign company set up under the Frech laws with address 31-37 Boulevard de Montmorency, 75016 Paris, France vs deputy curators to represent 1) Maham Dis Ticaret Tasimacilik Pazarlama Sanayi Ve Ticaret Limited.Sirketi, a foreign entity with unknown address till the date of the filing of the sworn application and (2)  Sarl Bouhayra Legumes Et Fruits Import/Export, foreign entity with indication of address of Cite Djilali Auto Construction Ilot No. 179 Section 4, Staoueli-Alger in Algeria and with an indication of Algerian statistic identification number (“NIS") 001616450016650 and Algerian fiscal identification number (“NIF") 001616101040649, on the 30th July, 2020, the applicant Advocate Doctor Luigi A Sansone LL.B. (Hons) LLD  (ID 258269M) as special mandatory of Lacoste, a foreign company set up under the French laws with address of 31-37 Boulevard de Montmorency, 75016, Paris, France,  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 boxer shorts  (in plastic packaging material) which all of them have identical trademarks to - or which cannot be distinguished in their essential aspects - from that of the plaintiff company and duly registered regarding the same product as European Union trademarks with numbers 002979524, 002979581 and 002979565 respecitvely,  which objects are all presently held under the authority of the Director General (Customs) after he found that the container DRYU4534584 contravene the rights of intellectual property of the plaintiff company as regards the same registered trade marks of the European Union with numbers 002979524, 002979581 and 002979565 respecitvely;

2. Declare that the same objects and namely a quantity of boxer shorts (in plastic packaging material), which all of them have several identical trademarks to or which cannot be distinguished in their essential aspects from that of the plaintiff company duly registered regarding the same products as trademarks of the European Union with numbers 002979524, 002979581 and 002979565 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 LL.B. (Hons) LL.D. (ID 258269M) as special mandatary of Lacoste, a foreign company set up under the French laws with address 31-37 Boulevard de Montmorency, 75016, Paris, France: 84-85, Triq Melita, Valletta VLT 1120

Notify the Defendants: Deputy Curators to represent 1) Maham Dis Ticaret Tasimacilik Pazarlama Sanayi Ve Ticaret Limited.Sirketi, a foreign entity with unknown address till the date of the filing of the sworn application and (2)  Sarl Bouhayra Legumes Et Fruits Import/Export, foreign entity with indication of address of Cit Djilali Auto Construction Ilot No 179 Section 3, Staoueli-Alger Algeria and with an indication of Algerian statistic identification number  (“NIS") 001616450016650 and Algerian fiscal identification number (“NIF") 001616101040649

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, abovementioned, with the witness of the Hon. Madam Justice Joanne Vella Cuschieri LLD, Doctor of Laws.

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 September, 2020, Application number 1143/2020 by Charlene Aquilina, whereby she requested that it will be declared open in her favour the succession of  her father Alfred Aquilina, widow of Pauline Aquilina nee Cassar, son of the late Angelo Aquilina and Dolores Aquilina nee Pace, born in Valletta, Malta, resided in Valletta, Malta and died in Valletta, Malta on the 18th December, 2019, aged 71, and who held identity card number 0314048M.

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 Court 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 Dr Arthur Azzopardi noe vs Elton Mamo, Application Number 43/2020MV, the following publication was ordered for the purpose of effecting service on the respondent Elton Mamo 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 Dr Arthur Azzopardi (ID 77479M) as special mandatory of Milena Petrova Dobreva (Bulgarian Passport number 385647703 and ID 0073351A) authorised by means of a power of attorney here attached and marked as Doc. A vs Elton Mamo (ID 278186M) filed before the Rent Regulation Board on the 24th February, 2020, the applicant Advocate Dr Arthur Azzopardi LLD (ID 77479M) as special mandatory of the absent Milena Petrova Dobreva  humbly requests:

That the applicant Milena Petrova Dobreva is the owner of the premises Flat 1, 63, Triq il-Kapuċċini, Floriana;

By means of a private writing dated 24th July, 2017, the applicant entered into a lease agreement with the respondent Elton Mamo, by means of which she gave by title of lease the premises de quo for an indefinite period, that is without the specific date of the termination of the lease agreement (Doc. AA1);

Thus the lease agreement abovementioned is null, as it does not satsify the terms of Article 1531A of Chapter 16 of the Laws of Malta which are required to be satisfied under pain of nullity;

It has to be said that in the meantime in terms of a promise of sale dated 8th November 2018, in the records of Notary Doctor Brenda Jane Camilleri, the respondent obliged himself to buy and acquire the premises in question from the applicant.  This promise of sale occured in the physical absence of the applicant Milena Petrova Dobreva, where a certain Billy Joe McBee, appeared on the said writing as procurator of the applicant.  It resulted to the applicant that the respondent and Billy Joe McBee together agreed to terms of a promise of sale different from what was agreed with the applicant, originally. Because of these reasons, the applicant did not appear for the publication of the final deed. After this event, the applicant Milena Petrova Dobreva, explained to the applicant her dissent with respect to his occupation of the premises. It is also stated that the respondent Elton Mamo, allowed the aforementioned Billy Joe McBee to reside with him without the consent of the applicant;

In addition, the respondent Elton Mamo filed a sworn applicantion before the First Hall of the Civil Court and requested the enforcement of the promise of sale abovementioned, which request is still contested by the applicant nomine (Doc. AA2);

Although the respondent Elton Mamo was officially solicited to vacate the premises de quo by means of a judicial letter dated 31st May, 2019 (1992/19) (Doc. AA3) he remained in default.

The applicant knows about these facts personally.

 Therefore, the respondent is to state why this Honourable Board should not, subject to any declaration which is considered necessary and opportune:

1. Declare for the reasons abovementioned and decides that the lease agreement dated 24th July, 2017, is null and without effect.

2. Consequently declares that the respondent is occupying the premises Flat 1, 63, Triq il-Kapuċċini, Floriana without any title valid at law.

3. Orders the the respondent to vacate and evict from the said premises within a short and peremptory time, given by this Honourable Board, for this reason.

4. Orders the applicant nomine so that in default, he resumes possession of the premises above mentioned according to law.

With costs, including those of the judicial letter dated 31st May, 2019, against the respondent who is from now summoned so that a reference to his oath be made, reserving any other action against the respondent by the applicant nomine.

Applicant: Victoria Builidings, 8, Triq l-Għenieq, Naxxar

Notification respondent: Flat 1, 63, Triq il-Kapuċċini, Floriana

The application in the names Dr Arthur Azzopardi noe vs Elton Mamo, Application Number 43/2020MV, has been postponed for hearing to the 16th October, 2020, at 9.45 a.m.

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 15th July, 2020, Application number 758/2020 by Raymond Borg and Roxanne Borg, whereby following the application Andrea Maria Borg, unmarried,  daughter of  Raymond Borg and the late Doris Borg nee Sammut, born in Tal-Pietà on the 6th November, 2001, and residing in Birkirkara, aged 18, holding identity card number 440201L, was interdicted from all the acts of civil life by means of a decree given on the 18th September, 2020.

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 4th September, 2020, Application number 1063/2020 by Isabelle Brincat et whereby they requested that it will be declared open in favour of Isabelle Brincat, wife of the decujus in the quota of one half (1/2) undivided share and the remaining one half (1/2) undivided share in favour of Lorna Brincat and Ruby Brincat children of the decujus in the quota of one fourth (1/4) undivided share each one of them the succession of  Raymond Brincat, husband of Isabelle Brincat, son of the late Joseph Brincat and Frances nee Vella, born in Rabat, Malta, resided in Mtarfa, Malta and died in Msida, Malta on the 8th March, 2020, aged 58, and who held identity card number 0648361M.

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 2nd March, 2020, Application number 309/2020 by Carl Emilio Jourdan, whereby following the application Mary Jourdan nee Saliba, married to Luigi Jourdan, daughter of  the late Carmel Saliba and Concetta Saliba, born in Ħal Balzan on the 13th May, 1944, and residing at Saint Vincent de Paule Hospital, aged 75 and  holding identity card number 0467244M, was interdicted from all the acts of civil life by means of a decree given on the 2nd September, 2020.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of an application filed in Civil Court of Voluntary Jurisdiction Section on the 6th August, 2020, Application number 872/2020 by Charles Naudi and Charles Falzon, whereby following the application Rita Naudi daughter of Michael Angelo Sammut and Spiridiona Sammut nee Attard, born in Valletta on the 15th January, 1929, and residing at St Vincent de Paule residence, holding identity card number 049729M, was interdicted from all the acts of civil life by means of a decree given on the 18th September, 2020.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 18th September, 2020, in the records of the judicial letter number 23/2020 in the names Advocate Dr Renzo Porsella-Flores et noe vs Carmela Bilke, the Civil Court (Family Section) ordered the following publication for the purpose of service of the respondent Carmela Bilke in terms of Article 187(3) et sequitur of Chapter 12.

In the Civil Court (Family Section)

To Carmela Bilke of 4, Flat 1, Triq Santu Rokku, Bormla

By means of this present Advocate Dr Renzo Porsella-Flores and Legal Procurator Liliana Buhagiar, nominated deputy curators to represent the absent Ian Morris Bilke, whilst referring to the taxed bill of costs issued for the lawsuit Notice number 185/07 in the names Carmela Bilke vs Ian Morris Bilke, deserted before the First Hall of the Civil Courts on the 13th July, 2009, here attached and marked as Doc. A, the Taxed Bill of Costs of the Judicial Letter number 14/08 Doc. B, Taxed Bill of Costs of the Garnishee Order number 114/08 Doc. C, Taxed Bill of Costs of Schedule of Deposit number 23/19 Doc. D and with this same judicial letter such Taxed Bill of Costs are rendered executable for all the effects and purposes of law, solicit you so that within two days you pay the amount of €208.42 according to the statement here attached and marked as Doc. E.

Thus so you may regulate yourself.

With costs.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 27th August, 2019, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 2016/2018 in the names Automated Revenue Management Services Ltd noe vs Maged Fawzy Shokry Iskandar, the following publication was ordered for the purpose of effecting service on the respondent company Maged Fawzy Shokry Iskandar in terms of Article 187(3) et sequitur of Cap. 12.

In the Court of Magistrates (Malta)

To Maged Fawzy Shokry Iskandar (ID 20947A) of 3, Villa Kasana, Triq il-Virdun, San Ġwann

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 €7,362.22, which amount is sure, liquid and due and representing the balance due for the consumption of 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 bills number 411000112753 that is the premises with address Makaras, Mensija, San Ġwann.

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 and reserving the right for the payment of interest according to law till the date of effective payment.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall, on the 23rd September, 2020, on the application of Waste Oils Company Limited (C 14999), Wednesday, 4th November, 2020, at eleven in the morning (11.00 a.m.) has been fixed for the sale by auction, to be held in Unit B26-B27, Five Star Business Park, Triq il-Belt Valletta, Ħal Għaxaq, of the following items seized from the property of Patron Group Limited (C 35369).

1. Life raft in a cylindrical form, white in colour

2. Red Dinghy of the brand Zodiac

N.B. The said objects will be sold as described in the acts of the judicial sale file number 10/20.

GAETANA AQUILINA

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 3rd August, 2020, following a request by Emanuel Mizzi it was ordered that deputy curators be chosen to represent  the unknown owner/s in the acts of the schedule of deposit number 1074/2020 in the names Emanuel Mizzi 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 Emanuel Mizzi, pensioner, born in Ħal Għaxaq on the 23rd September, 1955, and residing at Emador, Triq il-Gudja, Ħal Għaxaq (ID 637655M) vs deputy curators to represent the unknown  owner/s, filed on the 30th July, 2020, the applicant Emanuel Mizzi respectfully submitted:

That further to a deed of division dated 7th May, 2020, in the acts of Notary Doctor Ritienne Bugeja Fenech, he is in possession of the agricultural land which has a store, which field measures 1600sqm and is found in Triq it-Telleritu, Ħal Għaxaq, bordering from the East with the said road, from the North by property of third parties and from the South with Triq Ta' Loretu.  This deed of division is being here attached for all the purposes as Doc. A1.

That the said property and that is the two pieces of agricultural land abovementioned form part of a larger agricultural land and both are subject to the annual and perpetual ground rent of one scudo and five grani and this according to a deed in the records of Notary Doctor Joseph Felix Abela, dated 28th September, 1968.

For all the intents and purposes, a true copy of the same deed of the 28th September, 1968 in which a reference to this ground rent is made is being attached and marked as Doc A.  The description of these two pieces of land is written down in this manner, in the deed attached:

“of two pieces of agricultural land a described in the deed of Notary Joseph Felix Abela dated 28th September, 1968, and that is two separate agricultural lands forming part of a larger parcel of agricultural land, property of others measuring approximately about three sigħan, situated in the limits of Ħal Għaxaq in the vicinity of Tat-Turretta known as Tax-Xagħra fuq Triq it-Telleritu one of them bounded from the East and from the South with the said road, and from the West with property of family Zammit and from the North with property of Tereża Mizzi and the other bounded from the South East with the said road, from the North East with property of family Zammit, from the North West with property of Teresa Mizzi and from the South West with property of Taddeo Cutajar. These two pieces of land are subejct to the rate of annual and perpetual groundrent of scudo and five grani."

The applicant does not have any information regarding the owners of this groundrent, or if there are any heirs at present who can receive the price of this redemption, so much so that concurrently with this schedule of deposit an application for the nomination of deputy curators is being filed.

The applicant wishes to avail himself of the option given to him in terms of  Article 1501 of the Civil Code, Chapter 16 of the Laws of Malta and so redeem the said groundrent in terms of the same law.

That the groundrent of one scudo and five grani when converted into euros and subsequently capitalised at the rate of 5% amounts to €7.

For all the intents a true copy of the land registry site plan of all the agricultural land is being attached and marked as Doc. B.

Thus the applicant is requesting this Honourable Court and under its Authority is depositing the amount €7 representing the price of the redemption of the annual and perpetual groundrent  so that it can  be freely withdrawn by whoever has a right to it after leaving the relative receipt according to law.

Applicant: Emmanuel Mizzi, Emador, Triq il-Gudja, Ħal Għaxaq

Notification: Director Public Registry, Triq il-Merkanti, 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 Gianninu Caruana Demajo LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

Republic of Malta

To the Marshall of the Court.

By means of a decree given by this Court, on the 24th September, 2020, following a request by Momentum Pensions Malta Limited it was ordered that deputy curators be chosen to represent Emma Louise Rooney in the records of Appeal Number 47/2020 in the names Emma Louise Rooney vs Momentum Pensions Malta Limited and in the other relative and subsequent acts.

By means of an Application, filed, in the Court of Appeal (Inferior Jurisdiction) in the acts of case number 164/2018 before the Arbiter for Financial Services in the names Emma Louise Rooney (passport number 508123626) (together the Complainants or the Appellate) vs Momentum Pensions Malta Limited (C 52627), on the 17th August, 2020, Momentum Pensions Malta Limited (C 52627) (“Momentum") requested with respect;

That decision of the Arbiter, in substance, is that Momentum is partially responsible for the damages suffered by the Complainant adn specifically for 70% of the losses suffered. As will be shown in this appeal and in these Proceedings, even if one where to accept the reasoning of the Arbiter (which obviously is not the case) this conclusion is erroneous and ought to be revoked.

The Arbiter stated:

In the particular circumstances of this, case, considering that the Service Provider had the last word on the investments and acted in its dueal role of Trustee and Retirement Scheme Administrator, the Arbiter considers it fair, equitable and reasonable for Momentum Pensions Malta Limited, to be held responsible for seventy per cent of the net realised losses sustained by the Complainants on the structured note investments after offsetting any realsied profits from other investment consituted by Montpelier at the time theComplainant was a memeber of the Retirement Scheme, as further stipulated in detail hereunder.

There was no decision by the Arbiter to the effect that Momentum failed to observe any regulation by MFSA regarding the portofolio; and neither that Momentum failed to observe its own investment guidelines.

It seems that the Arbiter came to his conclusion on the basis of the following two considerations:

Therefore, it is considered that there is sufficient evidence resulting from the product/fact sheet produced and sourced which show that the two structured product allowed by MPM within the Complainant's portforlio were not appropriate and suitable for a retail client. In this regrd, it is considered that there was a lack of consideration by the Service Provider with respect to the suitability and target investor of the said structured notes with such lack of consideration not being reflective of the principle of acting with due skill, care and diligence and in the best interests of the memeber as the relevant laws and rules mentioned above obliged the Service Provider to do.

 For the reasons explained it is considered that there was, at the very least, a lack of diligency by the Service Provider in the carrying out of its duties as Trustee in regard to the oversight funtion with respect to the structured note investments allowed within the Complainant's portofolia. It is also considered that with respect to such function there are instances which indicate the Service Provider's approach and actons not being reflective of the requirements and obligations to which it was subject to, as explained above in this decision. The Service Provider failed to act with the prudence, diligence and attention of a bonus paterfamilias.

The grievances of Momentum are clear and manifest and so this appeal is being filed. The grievances of the appellant shall be explained in the respective parts, and are here being indicated for ease of reference as the arguments will better follow:

i. The Arbiter applied and interpreted the law and rules wrongly when he decieded that the two structured products were not suitable and consequently, Momentum acted with care, diligence and ability as one would expect from a bonus paterfamilias;

ii. The Arbiter based the causal link on considerations which are unfounded and therefore he ought not to have found that there existed any causal link between any act/omission of Momentum and the loss of the Complainant.

With respect to the first head of appeal, it appears that the Arbiter found that the investment in the said two structured products were not suitable for the Complainant and this only on the basis of the fact that the fa sheets (one provided to Momentum and the other sourced by the same Arbiter himself) the products in question were targeted to professional investors.

… omissis …

With respect to the second head of the appeal, the appellant additionally feels aggried by the decision of the arbiter when he found that Momentum is partially responsible for the losses suffered by the Complainant and apportions 70% of the losses suffered to Momentum.

… omissis …

Thus, whilst the appellant reserves the rights to make further submissions if the case may be and to bring forward all further evidence which according to law may be presented, it humbly requests this Honourable Court, to uphold its grievances or any one of them and revokes and cances the arbitral decision in its entirety.

Service: 8, Jalan Bayu, Gita Bayu, Sri Kembangan, Selangor 43300, Malaysia

Deputy Curators, Law Courts, 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 th execution of this bann, you are to inform forthwith this Court.

Given by the Court of Appeal, above mentioned, with the witness of the Hon. Mr Justice Lawrence Mintoff, Doctor of Laws.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals