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Court Notices published in Govt. Gazette No. 20,571 of 12th February 2021

Date Icon 12/02/2021

Notice 202

202

By means of a decree given by  the Court of Appeal ( Inferior Jurisdiction) on the 16th December 2020, in the records of the Application in the names Directorate for Chidren's Welfare within the Foundation vs Farrugia Bernardette, Application 2/2021/1, the following publication was ordered for the purpose of service of the respondent Bernardette Farrugia, in terms of Article 187(3) et seq. of Cap. 12.

By means of an Application, filed, in the Court of Appeal, in the names Director for Children's Welfare within the Foundation for Social Welfare Services on the the 29th October, 2020, the applicant Directorate for Childrens' Welfare respectfully pleaded:

That by means of an application, filed before the Duty Magistrate in terms of Article 20 of Cap. 602 of the Laws of Malta, on the 28th September, 2020, the Directorate submitted the following;

That on Friday 25th September 2020, the minor of the respondent Bernardette Farrugia was born and at that time he was given the name … omissis …;

That the respondent had already been followed by the Foundation For Social Welfare since that she had spent some time residing in the residence Għabex but then she left of her own free will;

That the respondent mother has no plan as how she shall look after her child and it was not confirmed where she was going to reside as she was lo leave hospital with the baby;

That thus in terms of Article 20 of Cap 602 of the Laws of Malta, the Director is convinced from the preliminary investigation that reasonable information resulted in order to proceed for the removal of the minor from the respondent mother and this from Mater Dei Hospital on Sunday 28th September, 2020;

That in terms of Article 20(2) of Cap. 602, the Directorate for the Welfare of Minors is filing this present application within the terms imposed by law so that this Honourable Court provisionally validates or revokes the removal of the minor;

… omissis …

That on the 12th October, 2020, during the first hearing the Honourable  Juvenile Court, rejected the demands of the interpellant Directorate by means of a judgement as follows;

… omissis …

That this is an appeal in terms of Article 66 of Cap. 602 and the grievance of the appellant Directorate is clear and manifest and consists in the following:

1. That the judgement given by the Honourable  Juvenile Court   rejected the demands of the appellant Directorate  on the basis of personal prejudice against the same Directorate as even declared during the same hearing but was not written down in the judgement above mentioned,

2. That the Juvenile Court proceeded in an arbitrary manner and contrary to that provided by law as shall be explained hereunder,

3. That the same Court rejected the demands of the appellant Directorate after it misguided the same during the course of the sittings which were held before the same Court from the 1st July, 2020, forward,

… omissis …

Thus, the appellant directorate whilst referring to the records of the cause to the proof produced as well as the records  of this appeal, and whilst referring to the records of the cause, to the proof produced as well as the records of this appeal  and whilst  from now reserving to bring forward the  proof admissible at this stage of procedures according to law, respectfully prays that this Honourable Court uphold this appeal and revoke the judgement in the names 'Directorate for Children's Welfare with the Foundation for Social Welfare vs Bernardette Farrugia, given by the Juvenile Court on the 12th October, 2020, and send the records back before the same Court to take cognizance anew of the demands of the Director appellant as deducted in the original application and give those directives that can be opportune in the circumstances.

By mean of a Notice of Hearing of a cause issued by the Court of Appeal and whereas the procedures in writing in the cause before the Court of Appeal between the Directorate for Children's Welfare  within the Foundation for Social Welfare Services vs Bernardette Farrugia  have been closed,  the Court fixed the hearing of this cause for pleadings on Friday 4th of December, 2020, at 1.15pm and adjourned to the 24th February, 2021, at 9.00 a.m.

Notify Respondent; 7, Triq Santa Marija, Gudja

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

08 February 2021

Notice 203

203

Notice, Registry of the Civil Court (Family Section)

Whereas the plaintiff Nick Sciortino, with ID. Card Number 467298 M, filed an application under oath (No. 13/21 AGV) demanding Corrections in the Act of Birth Certificate, in the Public Registry, of Claudia Bartolo,

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,

Cettina Gauci

For Registrar, Civil Courts and Tribunals

09 February 2021

Notice 204

204

It is hereby notified that by a decree dated the 20th of January, 2021, 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 Organization and Civil Procedure, and this with regard to respondent Steven mentioned hereunder.

On the 14th October, 2020, Christian Curmi of the 16, Gellu, Flat 1 A, Triq ta' Barda, Marsalforn, limits of Żebbuġ, Gozo, filed a Notice in the Court of Magistrates (Gozo), Inferior Jurisdiction, (Notice number 13/2020BS) against Steven Vella of Chateau Perellos, Triq Santa Domenica, Victoria, Gozo, and asked the Court:

Wherein he requested the Court to condemn the defendant Steven Vella to pay plaintiff the amount of €15,000 representing balance from a larger sum of money borrowed by defendant from the plaintiff, as evidenced by a private writing entered into between the parties dated the 6th of May, 2019, attached as document 'A'.

The plaintiff also requested this payment to be affected together with costs, interest and legal expenses inclusive of VAT particularly for the judicial letter filed in January 2020.

The applicant is subpoenaing the defendant.

If he fails to appear on the day and time shown below, the Court will decide the case according to Law.

The hearing of this case is being adjourned for the 30th of March, 2021, at 9.00 a.m.

Inferior Jurisdiction

Maureen Xuereb

For the Registrar, Gozo Courts and Tribunals

09 February 2021

Notice 205

205

It is hereby notified that in virtue of the powers conferred by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 1st February, 2021, and this after a written plea numbered 12/2021, Ordered:

The correction of the Gozitan Act of Birth of Paul Attard, bearing the number 16 of the year 1937, wherever the name 'Carry' appears, it is changed to the correct name 'Carmela'.

Court of Revision of Notarial Acts

Maruska Baldacchino

Deputy Registrar, Court of Revision of Notarial Acts

09 February 2021

Notice 206

206

By means of a decree of the 5th February 2021 in the records of the judicial letter number 478/2021 in the names Falcon Funds Sicav plc vs ETI Securities plc et, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on Andreas Wolfl in terms of Article 2130(2) of Cap. 16.

In the First Hall of the Civil Court

To

ETI Securities plc (C 55602)

Securitisation Consultancy Ltd (C68880)

Andreas Wolfl (Austrian passport P6717546)

Christian Grob (Austrian passport U0235256)

RES Malta Limited (C46697)

By means of this present Falcon Funds Sicav plc (SV295) of TG Complex, Suite 2, Level 3, Brewery Street, Mrieħel, Birkirkara, refers you to your role in the issuing of financial instruments including the financial instrument bearing the name Boardwalk Real Estate ETI and to your direct and/or indirect involvement in a number of investments made on behalf of the same sender in the same financial instruments.

Whereas furthermore and without prejudice to the above, it results that you were responsible, inter alia, for the issuing and, or authorization of the issuing of the prospectus relative to the above mentioned investment bearing the name Boardwalk Real Estate ETI;

The sender also draws your attention to the losses which it has suffered and/or which it will suffer on the same investment as a consequence of acts and omissions on your part, both direct and/or indirect, in a negligent and/or fraudulent manner, as well as false declarations in the above mentioned prospectus, lack of expertise and/or non-observance of the applicable laws and regulations and the violation of your obligations.

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

So much for your better guidance.

With costs

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

11 February 2021

Notice 207

207

By means of a decree of the 5th February, 2021, in the records of the judicial letter number 473/2021 in the names Falcon Funds Sicav plc vs Barbaros Okten, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on Barbaros Okten in terms of Article 2130(2) of Cap. 16.

In the First Hall of the Civil Court

To

Barbaros Okten (Swedish passaport 88272333)

By means of this present Falcon Funds Sicav plc (SV295) of TG Complex, Suite 2, Level 3, Brewery Street, Mrieħel, Birkirkara, referes you to the role which you had within Temple Asset Management Limited, a company registered in Malta with registration number C52606 and to your direct and/or indirect involvement in a number of investments made on behalf of the same sender.

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

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

So much for your better guidance.

With costs

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

11 February 2021

Notice 208

208

By means of a decree of the 5th February, 2021, in the records of the judicial letter number 475/2021 in the names Falcon Funds Sicav plc vs Roger Gordon Buckley, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on Roger Gordon Buckley in terms of Article 2130(2) of Cap. 16.

In the First Hall of the Civil Court

To

Roger Gordon Buckley (ID 67268A)

By means of this present Falcon Funds Sicav plc (SV295) of TG Complex, Suite 2, Level 3, Brewery Street, Mrieħel, Birkirkara, referes you to the role which you had within Temple Asset Management Limited, a company registered in Malta with registration number C52606 and to your direct and/or indirect involvement in a number of investments made on behalf of the same sender.

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

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

So much for your better guidance.

With costs

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

11 February 2021

Notice 209

209

By means of a decree of the 5th February, 2021, in the records of the judicial letter number 477/2021 in the names Falcon Funds Sicav plc vs Commonwealth Securitisations plc et, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on Andreas Wolfl in terms of Article 2130(2) of Cap. 16.

In the First Hall of the Civil Court

To

Commonwealth Securitisations plc (C59191)

Securitisation Consultancy Ltd (C68880)

Andreas Wolfl (Austrian passport P6717546)

Christian Grob (Austrian passport U0235256)

RES Malta Limited (C46697)

By means of this present Falcon Funds Sicav plc (SV295) of TG Complex, Suite 2, Level 3, Brewery Street, Mrieħel, Birkirkara, refers you to your role in the issuing of financial instruments including the financial instrument bearing the name Nordic Power ETI and to your direct and/or indirect involvement in a number of investments made on behalf of the same sender in the same financial instruments.

Whereas furthermore and without prejudice to the above, it results that you were responsible, inter alia, for the issuing and, or authorization of the issuing of the prospectus relative to the above mentioned investment bearing the name Nordic Power ETI;

The sender also draws your attention to the losses which it has suffered and/or which it will suffer on the same investment as a consequence of acts and omissions on your part, both direct and/or indirect, in a negligent and/or fraudulent manner, as well as false declarations in the above mentioned prospectus, lack of expertise and/or non-observance of the applicable laws and regulations and the violation of your obligations.

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

So much for your better guidance.

With costs

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

11 February 2021

Notice 210

210

By means of a decree of the 5th February, 2021, in the records of the judicial letter number 480/2021 in the names Falcon Funds Sicav plc vs Argentarius ETI Management Ltd et, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on Andreas Wolfl in terms of Article 2130(2) of Cap. 16.

In the First Hall of the Civil Court

To

Argentarius ETI Management Ltd (C55597) and

Andreas Wolfl (Austrian passport P6717546)

By means of this present Falcon Funds Sicav plc (SV295) of TG Complex, Suite 2, Level 3, Brewery Street, Mrieħel, Birkirkara, refers you to your involvement in a number of investments made on behalf of the sender, including inter alia, your role in the structuring and the relative arranging of the said investments, in the pricing of the same investments and your role as Listing Agent.

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

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

So much for your better guidance.

With costs

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

11 February 2021

Notice 211

211

By means of a decree of the 5th February 2021 in the records of the judicial letter number 479/2021 in the names Falcon Funds Sicav plc vs Delta 1 Securities plc et, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on Andreas Wolfl in terms of Article 2130(2) of Cap. 16.

In the First Hall of the Civil Court

To

Delta 1 Securities plc (C 59190)

Securitisation Consultancy Ltd (C68880)

Andreas Wolfl (Austrian Passport P6717546)

Christian Grob (Austrian Passport U0235256)

RES Malta Limited (C46697)

By means of this present Falcon Funds Sicav plc (SV295) of TG Complex, Suite 2, Level 3, Brewery Street, Mrieħel, Birkirkara, refers you to your role in the issuing of financial instruments including the financial instruments bearing the names Solid Venture P2P ETI and WSV Pro Mittelstand ETI and to your direct and/or indirect involvement in a number of investments made on behalf of the same sender in the same financial instruments.

Whereas furthermore and without prejudice to the above, it results that you were responsible, inter alia, for the issuing and, or authorization of the issuing of the prospectus relative to the above mentioned investments bearing the names Solid Venture P2P ETI and WSV Pro Mittelstand ETI;

The sender also draws your attention to the losses which it has suffered and/or which it will suffer on the same investment as a consequence of acts and omissions on your part, both direct and/or indirect, in a negligent and/or fraudulent manner, as well as false declarations in the above mentioned prospectuses, lack of expertise and/or non-observance of the applicable laws and regulations and the violation of your obligations.

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

So much for your better guidance.

With costs

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

11 February 2021

Notice 212

212

Notice Registry of the Civil Court (Family Section)

Whereas the plaintiff Analise Mamo, with identity card number 365790M, filed an application under oath (No. 254/2020 AGV) demanding Corrections in the Act of her Birth Certificate, in the Public Registry, number 3657/90.

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,

Cettina Gauci

For Registrar, Civil Courts and Tribunals

09 February 2021

Notice 213

213

By decree given by the Civil Court, First Hall, on the 3rd February, 2021, on the application of HSBC Bank Malta plc (C3177), Thursday, 22nd April, 2021, at eleven in the morning (11.00 a.m.), has been fixed for the Sale by Auction, to be held in room numbered 78, nearby the Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

Apartment internally marked numbered two (2), situated on the second floor, forming part of a block of apartments named Redentur Flats, in Triq Salvu Busuttil, San Ġwann, bounded on the North by the same road, on the East by the stairwell of the same block and in part by property of the successors in title of John Gracey, on the West by property of the successors in title of John Gracey and half undivided share of the stairwell that leads to the said apartment together with his half undivided share of the roof, subject to annual and perpetual ground rent of ninety-three euro cents (€0.93) each year as described in the public contract in the acts of Notary George Bonello Dupuis dated eighteen (18th) September one thousand nine hundred and eighty five (1985) valued at one hundred ninety five thousand euro (€195,000).

The said tenement is the property of Curmi Martin (ID 559564M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 39/2018.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

11 February 2021

Notice 214

214

By decree given by the Civil Court, First Hall, on the 03rd February, 2021, on the application of HSBC Bank Malta plc (C3177), Thursday, 6th May, 2021, at eleven in the morning (11.00 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:

Maisonette on first floor level internally numbered six (6), forming part of an unnumbered block of buildings, named as 'Meridjan', in Triq is-Sikka, Marsaskala, as well as pro-rata share of the common parts and services of the common parts and areas of the block including the common stairwell(s), the landings, the shafts and internal yards, the fixtures and fittings, rainwater and drainage systems, the common front garden, parapet walls, the ramp, the forecourt, and of all other common areas in the basement level of the block, including the washroom and the terrace which portion is at the back of the block of buildings, on the third floor, and its overlying airspace usque ad coelum. This property is bounded on the South East by the said street, on the North West by property of John Cutajar and on the North East by property of Muscat Scerri, with the right in favour of the groundfloor maisonette only to install a water tank, communal television aerial, communal satellite dish and right of access at reasonable times for maintenance and repairs, valued at two hundred and eighty thousand euro (€280,000).

The garage internally marked number one (1) at basement level, accessible from a private drive in, abutting onto Triq is-Sikka, Marsaskala, including the pro-rate share of the common parts with the other owners of the other garages in the same block and to contribute prorate for the maintenance of the common parts, with other conditions as described in the procurement contract dated twenty seventh August, two thousand and four (27.08.2004), valued at twenty thousand euro (€20,000).

These properties enjoy and are subject to servitudes resulting from their position in the same block, including the use of services which may be passing through the overlying and/or underlying properties in the same block, as well as the underlying garages, subject to an annual and perpetual ground rent of forty-three euro and twenty three cent (€43.23) otherwise free and unencumbered, with all their rights and appurtenances.

The said tenement is the property of Short Kevyn Brian (British passport number 702557531) as represented by Dr Fransina Abela and LP Gerald Bonello as deputy curators for the absent

N.B. The said tenement will be sold as described in the acts of judicial sales number 38/2019.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

11 February 2021