Court Notices published in Govt. Gazette No. 20,650 of 25th June 2021

By a decree of the Small Claims Tribunal of the 21st April, 2021 and of the 9th June, 2021, the publication of the following extract was ordered for the purpose of service in terms of Article 187(5) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

Smina Poultry Products Limited (C22868) of Ta' Smina, Fawwara Road, Siġġiewi, filed a Claim on the 7th April, 2021, whereby they asked the Tribunal to condemn E.M. Import Export Ltd (C80222) of Middle East Market, 139, Triq Ħal Qormi, Marsa, to pay the plaintiff company the sum of €1870.89, which amount is due to the plaintiff company.

With costs and legal interests

The case (Claim number 106/2021KCX) is deferred on the 30th June, 2021, at 1.00 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

Banns for Curators

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court, on the 12th March, 2021, following a request of HSBC Bank Malta plc it was ordered that deputy curators be chosen to represent the heirs of the late Stephen John Cottorill, in the records of the Sworn Application 213/2021AF, in the names HSBC Bank Malta plc 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 HSBC Bank Malta plc (C3177) vs deputy curators to represent the heirs of the late Stephen John Cotterill (passport number 650603590), on the 9th March, 2021 the applicant company HSBC Bank Malta plc requested with respect and Advocate Ralph Agius Fernandez (ID 565688M) for and on behalf of the same company duly authorised confirmed on oath the following facts:

By virtue of a contract dated 18th October, 2006, in the records of Notary Doctor Roberta Bisazza, the applicant bank granted to Stephen John Cotterill a banking facility consisting of a Home Loan;

The respondents failed to affect the requested payments agreed in terms of the sanction letter and therefore have forfeited the benefit of time granted to them in terms of the conditions of the same sanction letter and the relative loan deed;

That on this loan the defendant is therefore the bank's debtors in the sum of €290,855.13 out of which, the sum of €168,770.99 represents capital owed and the remaining €122,084.14 represents interests accrued up to the 8th February, 2021, including further interest till the date of effective payment in connection with Home Loan Facility that was granted by means of a contract in the records of Notary Roberta Bisazza of the 18th October, 2006;

That the defendants although called upon to pay the arrears owed, even by means of judicial letter dated the 15th February, 2016, still failed to comply.

The applicant bank therefore requests this Honourable Court saving the deleivery of any other necessary and appropriate declaration, to:

i. Declare that the defendant as debtor of the applicant bank in the amount of €290,855.13 besides further legal interest from the 9th February, 2021, till the date of effective payment in terms of Article 1142 of Cap. 16 of the Laws of Malta; and

ii. Condemns for the reasons premised, that the defendant in solidum pays the Bank the amount of €290,855.13 besides further legal interest from the 9th February, 2021, till the date of effective payment, in terms of Article 1142 of Cap. 16 of the Laws of Malta.

With costs including those of the judicial letter dated 15th February, 2016, against the defendant, who is hereby being called upon to testify by reference to his oath.

Applicant: HSBC Bank Malta plc, 32, Triq il-Merkanti, Valletta

Notification: Deputy Curators

You are therefore ordered to affix an official copy of these banns 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 these banns, you are to inform forthwith this Court.

Given by the Civil Court First Hall, above mentioned, with the witness of the Hon. Mr Justice Francesco Depasquale, LLM (IMLI) LLD, Doctor of Laws.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the First Hall Civil Court, on the 22nd March, 2021, in the records of the Application in the names Commissioner for Revenue vs Tomi Juha Petteri Viljanen (ID 0189160A), Application number 925/20 AF, the following publication was ordered for the purpose of service of the respondent Tomi Juha Petteri Viljanen, in terms of Article 187(3) et sequitur of Cap. 12.

That Council Directive No. 2010/24/EU, namely the Mutual Assistance for the Recovery of Claims relating to Taxes, Duties and Other Measures Order of the 16th March, 2010, promotes and regulates collaboration between Member States in respect of recovery of tax or/and duties owed by debtors of one Member State, who are present in another Member State's territory, and other measures;

That the Directive has been implemented in the Laws of Malta by virtue of the said Order transposed in Legal Notice 153 of 2012, which Order has come into force on the 1st January 2012 and permits the Minister responsible of Finance and Financial Services, otherwise the competent authority, to collect the tax owed in the name of other Member States where the debtor is present in Malta;

That in terms of the mentioned Directive, the competent authority of Finland, otherwise the applicant authority, has made a claim for assistance to the Commissioner for Revenue, acting on behalf of the Minister responsible of Finance and Financial Services, so that the applicant recovers tax that is owed to the applicant authority;

That the respondent owes tax to the applicant authority of Finland in the amount of thirty eight thousand, three hundred and two euro and sixty eight cents (€38,302.68), as results from the Uniform Enforcement Instrument here attached and marked as Doc. 'A' together with interest due by law;

That the respondent has been indicated as being present in Malta and thus the applicant is hereby proceeding to collect the mentioned amount since the same debt is deemed to be owed to the applicant Commissioner for Revenue in terms of Article 9 of the mentioned Legal Notice;

That the applicant is satisfied that the requisites imposed by the mentioned Directive have been met with respect to this claim for recovery;

That, furthermore, the respondent has a right to a translation of Doc. 'A' into any of the official languages of the European Union, or of the requested Member State if available. A document is being hereby attached and marked as Doc. 'B' to inform the respondent that he may request the mentioned translation within seven (7) days of service of Doc. 'A'.

To that extent and in view of the above the applicant respectfully requests that in accordance to sub-articles 9(6) and (7) of the mentioned Legal Notice, this Honourable Court in the first instance orders a copy of this application together with the documents hereby attached and marked as Doc. 'A' and Doc. 'B' to be served upon the respondent according to Cap. 12 of the Laws of Malta, and in the second instance to order the registration of the document hereby attached and marked as Doc. 'A' as an official copy, such that said document constitutes executive title.

Document List

Doc 'A' 'Uniform Enforcement Instrument' issued by the requesting authority of Finland.

Doc 'B' Document that informs the respondent of his right to request a translation of Doc. 'A'.

Applicant: Commissioner for Revenue, Office of the Commissioner for Revenue, Floriana, FRN 0170

Respondent: Hillview, Flat 1, Triq Ħabb il-Qamħ, Manikata MLH 5141

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the First Hall Civil Court, on the 2nd March, 2021, in the records of the Application in the names Commissioner for Revenue vs Susan Mompalao de Piro, Application number 891/2020 TA, the following publication was ordered for the purpose of service of the respondent Susan Mompalao de Piro, in terms of Article 187(3) et sequitur of Cap. 12.

That Council Directive No. 2010/24/EU, namely the Mutual Assistance for the Recovery of Claims relating to Taxes, Duties and Other Measures Order of the 16th March, 2010, promotes and regulates collaboration between Member States in respect of recovery of tax or/and duties owed by debtors of one Member State, who are present in another Member State's territory, and other measures;

That the Directive has been implemented in the Laws of Malta by virtue of the said Order transposed in Legal Notice 153 of 2012, which Order has come into force on the 1st January, 2012, and permits the Minister responsible of Finance and Financial Services, otherwise the competent authority, to collect the tax owed in the name of other Member States where the debtor is present in Malta;

That in terms of the mentioned Directive, the competent authority of Germany, otherwise the applicant authority, has made a claim for assistance to the Commissioner for Revenue, acting on behalf of the Minister responsible of Finance and Financial Services, so that the applicant recovers tax that is owed to the applicant authority;

That the respondent owes tax to the applicant authority of Germany in the amount of four thousand and six euro (€4,006), as results from the Uniform Enforcement Instrument here attached and marked as Doc. 'A' together with interest due by law;

That the respondent has been indicated as being present in Malta and thus the applicant is hereby proceeding to collect the mentioned amount since the same debt is deemed to be owed to the applicant Commissioner for Revenue in terms of Article 9 of the mentioned Legal Notice;

That the applicant is satisfied that the requisites imposed by the mentioned Directive have been met with respect to this claim for recovery;

That, furthermore, the respondent has a right to a translation of Doc. 'A' into any of the official languages of the European Union, or of the requested Member State if available. A document is being hereby attached and marked as Doc. 'B' to inform the respondent that she may request the mentioned translation within seven (7) days of service of Doc. 'A';

To that extent and in view of the above the applicant respectfully requests that in accordance to sub-articles 9(6) and (7) of the mentioned Legal Notice, this Honourable Court in the first instance orders a copy of this application together with the documents hereby attached and marked as Doc. 'A' and Doc. 'B' to be served upon the respondent according to Cap. 12 of the Laws of Malta, and in the second instance to order the registration of the document hereby attached and marked as Doc. 'A' as an official copy, such that said document constitutes executive title.

Document List

Doc 'A' 'Uniform Enforcement Instrument' issued by the requesting authority of Germany.

Doc 'B' Document that informs the respondent of her right to request a translation of Doc. 'A'.

The Application in the names Comnmissioner for Revenue vs Susan Mompalao de Piro, Application number 891/2020 TA has been deferred to the 30th September, 2021, at 9.45 a.m.

 Applicant: Comissioner for Revenue, Office of the Commissioner for Revenue, Floriana FRN 0170

 Service: 37, Triq Leone, Tas-Sliema SLM 14

ADV. FRANK PORTELLI, LLD

For the Regisrar, Civil Courts and Tribunals

It is hereby notified that by a decree dated the 10th of May, 2021, the Court of Magistrates (Gozo) in its Superior Jurisdiction, General Section, ordered the publication of the Application reproduced hereunder for the purpose of service in terms of section 187(3) of the Code of Organization and Civil Procedure, and this with regards to:

Sworn Application number 123/2008

Oliver Grech et

vs

Charlie Cordina pro et noe

By order of the Court, this case, which was adjourned for the 21st of November, 2019, will be heard by Magistrate Dr Simone Grech on Thursday, 13 February, 2020, for the purpose of the last minute.

Orders that a copy of this decree be served to the parties

This sworn application is adjourned for the 13th of July, 2021, at 10.50 a.m.

Silvio Xerri

For the Registrar, Gozo Courts and Tribunals

By means of a decree given, by the First Hall Civil Court, on the 17th June, 2021, in the record of the Application, in the names Sisco Company Limited (C14752) vs Joseph Ferriggi et, Application number 831/2020 FDP, the following publication was ordered for the purpose of service of the defendant Maria Grazia sive Grace Borg, in terms of Article 187(3) et sequitur of Cap. 12, as it results that the other defendants appeared for the hearing. This application was deferred from the sitting of the 17th June, 2021.

By means of an Application, filed, in the First Hall Civil Court, in the names Sisco Company Limited (C14752) versus: 1) Joseph Ferriggi (ID 300357M) in his own name as well as in his capacity of uiversal heir of his wife Judith Ferriggi (ID 615541M) who died on the 26th May, 2017; 2) Nazzareno Borg (ID 964845M); 3) Maria Grazia sive Grace Borg (ID 920148M); 4) Jibella Holdings Limited (C14398) on the 17th September, 2020, the applicant company as repesented respectfully pleaded:

That this is an Application of the company Sisco Company Limited (C14752) in terms of Article 258 of Cap. 12 of the Laws of Malta;

That by means of a contract published dated 12th November, 1997, in the records of Notary Joseph Abela (copy annexed Doc. A) the respondent Ferriggi together with his wife constituted themselves as debtors of the applicant company in the sum of forty thousand Maltese liri (Lm40,000) today equivalent to ninety-three thousand one hundred seventy-four euro and ninety-four cents (€93,174.94) besides interest at the rate of 7% to run from the date of the same contract;

That always in virtue of the same contract (Doc. A) the respondent company Jibella Holdings Limited constituted itself in favour of the applicant company as surety in solidum with the spouses Ferriggi;

That by means of a judicial letter of the 23 rd May, 2003, sent in terms of Article 256(2) of Cap. 12 of the Laws of Malta, the said contract Doc. A was rendered executive title for all intents and purposes of law;

That from the date of the said judicial letter none of the respondents made any payment;

That on the 26th May, 2017, Judith Ferriggi died as results from the annexed Certificate Doc. C;

That as from the date of the said judicial letter there passed 5 years prescribed by law so that this executive title be executed as well as in view of the death of Judith Ferriggi, thus both in terms of Article 258 as well as in terms of Article 259 of Cap. 12 the present procedure is necessary.

Thus, the applicant company respectfully prays so that it be authorised by this Honourable Court in terms of Article 258 of Cap. 12 of the Laws in Malta to execute the executive title above mentioned.

With costs and further interests till the date of effective payment.

The Application in he names Sisco Company Limited vs Joseph Ferriggi et, Application number 831/2020 FDP, has been deferred for hearing to the 27th October, 2021, at 9.00 a.m.

Applicant: No 6, 'Cargo Court', Bay Street, Marsaskala

Respondent: Maria Grazia Borg, 'Grace', Triq Mons. A. Buhagiar, Rabat, Malta

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

It is hereby notified that in virtue of a decree given by the Court of Magistrates (Gozo) in its Voluntary Jurisdiction, on the second (2nd) of June, 2021 (Decree number: 55/2021BS following application number 23/2021(BS) Stella Scerri, pensioner, daughter of Joseph Scerri and Michelina née Falzon, born in Nadur, Gozo, and resides in Nadur, Gozo, holder of identity card number 95645G has been confirmed Interdicted from all acts of civil life.

Salvina Muscat, housewife, wife of Xavier Muscat, daughter of Joseph Scerri and Michelina née Falzon born in Rabat Gozo and resides in Nadur, Gozo, holder of identity card number 62256G, has been nominated as her curatrix, by virtue of the said decree.

Voluntary Jurisdiction

Dorianne Cordina

For the Registrar, Gozo Courts and Tribunals

ARB/FFO003/2021 – FOREIGN FREEZING ORDER

IT IS BEING NOTIFIED that by a court decree dated 30th October, 2020, given by the Tribunale di Messina. In the case:

BERNARD STORACE, 74 years, son of Anthony and Edna née Crockford, born in Sliema, Malta on the 26th August 1946, residing in Dar il-Pitirros, Triq Birbuba, Għarb, Gozo, and holder of Maltese identification card bearing number 734746M.

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 BERNARD STORACE and prohibits the said accused from transferring, pledging, hypothecating or otherwise changing or disposing of any movable or immovable property up to a limit of three million, five hundred fifty-six thousand and twenty-five euro and sixty-five cents (€3,556,025.65).

This freezing order is being recognised and executed in Malta according to Cap. 621 of the Laws of Malta, Legal Notice 180 of 2021 (Mutual Recognition of Freezing Orders and Confiscation Orders Regulations, 2021), and European Union Regulation 1805/2018.

Acting Director, Asset Recovery Bureau

ARB/C042/2021 – TEMPORARY SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 9th June, 2021, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Natasha Galea Sciberras, LLD). Compilation Number 191/2021, in the case:

The Republic of Malta

Versus

PATRIZIO CASSAR, chef, 40 years, son of Martin and Pauline née Zammit, born in Tal-Pietà, Malta, on the 1st February, 1981, residing at 120, Flt 2, Triq San Mikiel, Fgura, and holder of Maltese identity card bearing number 87881M.

AND

MARVIN SCHEMBRI, chef, 44 years, son of the late Carmelo and the late Lucy née Sciberras, born in Tal-Pietà, Malta, on the 20th September, 1976, residing at DAF Court, Flat 1, Triq iċ-Ċili, Naxxar, and/or 80, Fl 5, Triq Sant'Antnin, San Pawl il-Baħar, and holder of Maltese identity card bearing number 516476M.

ORDERED the temporary attachment in the hands of third parties in general of all moneys and other movable property due to or pertaining or belonging to PATRIZIO CASSAR and MARVIN SCHEMBRI and prohibits the accused from transferring, pledging, hypothecating or otherwise changing or disposing of any immovable or movable property owned or otherwise held by them, in terms of Article 36 (8) of the Proceeds of Crime Act, Cap. 621 of the Laws of Malta.

ORDERED the temporary attachment in the hands of third parties in general all moneys and other movable property due or pertaining or belonging to PATRIZIO CASSAR and MARVIN SCHEMBRI and prohibits the accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property, in terms of Article 5 (7) of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta, and Article 23A (3) of the Criminal Code, Cap. 9 of the Laws of Malta.

The Court AUTHORIZED the said accused to receive the amount of six hundred euro (€600) every fifteen (15) days, where their means permit; provided that the Court shall determine what moneys may be paid or received by the accused during the existance of this order, including the source, method and other modalities of payments including salary, wages, pension and/or social security benefits following a request by the accused themselves.

Any person who acts in contravention of the court order as mentioned in Article 36 (8), Article 5 (7), and Article 23A (3) referred to above shall be guilty of an offence and shall on conviction be liable to a fine (multa) not exceeding twelve thousand euro (€12,000), or to imprisonment for a period not exceeding twelve (12) 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.

Acting Director, Asset Recovery Bureau

ARB/C041/2021 – TEMPORARY SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 9th June, 2021, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Natasha Galea Sciberras, LLD). Compilation Number 192/2021, in the case:

The Republic of Malta

Versus

SAMMY VELLA, fisherman, 41 years, son of John and Saveria née Grech, born in Tal-Pietà, Malta, on the 14th December, 1979, residing at 23A, Sambel, Triq it-Tiben, Marsaskala, and/or 54, Triq Tax-Xerriek, Marsaxlokk, and holder of Maltese identity card bearing number 76180M.

ORDERED the temporary attachment in the hands of third parties in general of all moneys and other movable property due to or pertaining or belonging to SAMMY VELLA and prohibits the accused from transferring, pledging, hypothecating or otherwise changing or disposing of any immovable or movable property owned or otherwise held by them, in terms of Article 36 (8) of the Proceeds of Crime Act, Cap. 621 of the Laws of Malta.

ORDERED the temporary attachment in the hands of third parties in general all moneys and other movable property due or pertaining or belonging to SAMMY VELLA and prohibits the accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property, in terms of Article 5 (7) of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta, and Article 23A (3) of the Criminal Code, Cap. 9 of the Laws of Malta.

The Court AUTHORIZED the said accused to receive the amount of six hundred euro (€600) every fifteen (15) days, where his means permit; which moneys are to be paid to him from his share of the profits generated through the operating of the nautical vessel Albasel, which is partly owned by the company World Water Fisheries Limited, C 24129.

Any person who acts in contravention of the court order as mentioned in Article 36 (8), Article 5 (7), and Article 23A (3) referred to above shall be guilty of an offence and shall on conviction be liable to a fine (multa) not exceeding twelve thousand euro (€12,000), or to imprisonment for a period not exceeding twelve (12) 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.

Acting Director, Asset Recovery Bureau

By means of a decree given, by the Civil Court (Family Section) on the 13th April, 2021, in the records of the Application in the names Costantino Micallef vs Alexandra sive Sandra Micallef Cassar, Application number 81/2021 AL, the following publication was ordered for the purpose of service of the respondent Costantino Micallef, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, presented, in the Civil Court (Family Section) above mentioned, Garnshee Order number 9/2021, in the names Costantino Micallef vs Alexandra sive Sandra Micallef Cassar (ID 338166M) on the 9th March, 2021, the applicant Sandra Micallef respectfully pleaded:

That the interpellant is passing through separation proceedings which are nearing the end and lately she inherited some money from her father today deceased;

That as soon as the husband came to know that the interpellant inherited the husband filed an abusive garnishee order;

That from the documents there results in the first place the fact that Notary Alexandra Micallef made a declaration that the interpellant inherited money from her father;

That in the second place according to the documents there is a bank draft from the account of her father which was transferred on to the interpellant.

Thus, the interpellant respectfully prays that on the basis of Article 836 (b) and (d) and (f) of Cap 12 thus the warrant be removed and it be revoked contrario imperio or the interpellant be allowed to withdraw these funds since they are not part of the community of acquests and entirely belong to her.

Notify Respondent: Flat 6, Blokk C, Triq il-Wegħdiet, Birkirkara

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree given, by the First Hall Civil Court, on the 1st March, 2021, in the records of the Sworn Application, in the names Luke Chetcuti vs Michael James Pearce et, Application number 1066/2020 FDP, the following publication was ordered for the purpose of service of the respondents Michael James Pearce and Samuel James Reynolds, in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application filed, in the First Hall Civil Court in the names Luke Chetcuti (ID 595691M) vs Michael James Pearce (passport of England number 652902682) Samuel James Reynolds (passport of England number 512737172) and Black Swan Solution Limited (C82235) on the 12th November, 2020, the applicant asked this Honourable Court,

1. To declare that the respondent companmy Black Swan Solution Limited (C82235) recieved the sum in the value of one hundred thirty seven thousand one hunded an five euro (€137,105.00) from the applicant's father or rather Hugo Chetcuti in the name and as mandatary of the respondents Michael James Pearce and Samuel James Reynolds on their instructions, and as well that this took place in connection with negotiations regarding the sale and transfer of shares in the company Taxmal Limited (C80434) declare that the same sum in the value mentioned was never due to the respondents in the circumstances as they developed and that this should be refunded to the applicant from the respondents as demanded in the application.

With costs, as demanded in the application and with legal interest to run according to law against the respondents summoned so that a reference to their evidence be made.

The Sworn Application in the names Luke Chetcuti vs Michael James Pearce et, Application number 1066/2020 FDP, has been deferred for hearing to the 6th July, 2021, at 9.00 a.m.

Respondents: Michael James Pearce, 139, Flat 6, Triq il-Qalb Imqaddsa, San Ġiljan

Samuel James Reynolds, 15, 'Cyprea Court', Flat 9, Triq Nazju Ellul, Msida

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree given, by the Civil Court First Hall, on the 16th December, 2020, in the records of the Sworn Application in the names 360 Foods Import Limited vs Popular Marketing Limited, Application Number 828/20 MH, the folowing publication was ordered for the purpose of service of the respondent company Popular Marketing Limited (C53146), in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application, filed, in the First Hall Civil Court, in the names 360 Food Imports Limited (C46590) vs Popular Marketing Limited (C53146), on the 16th September, 2020, the applicant company 360 Food Imports Limited (C46590) asked this Honourable Court,

1. To proceed to give judgement according to the demands of the plaintiff without proceeding to a hearing in terms of Article 167 et sequitur of Cap. 12 of the Laws of Malta and condemn the defendant company to pay the plaintiff company the amount of twenty four thousand four hundred seventy three euro and thirty seven cents (€24,473.37).

With costs and with legal interest from the 10th July 2020, till the date of effective payment against the defendant company summoned so that reference to its evidence be made.

The Sworn Application in the names 360 Food Imports Limited vs Popular Marketing Limited, Application number 828/20 MH, has been deferred for hearing to the 12th July, 2021, at 11.00 a.m.

Notify Defendant Company: New York Best Office, Triq Paceville c/w Triq Dobbie, St Julian's

53, Il-Bitħa, Triq G. Curmi, Iklin

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree, given by the First Hall Civil Court, on the 14th December 2020,in the records of the Application in the names Commissioner for Revenue vs Sayed Amir Karim, Application number 927/2020 MH, the following publication was ordered for the purpose of service of the respondent Sayed Amir Karim, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, filed, in the First Hall Civil Court, in the names Commissioner for Revenue vs Sayed Amir Karim (ID 0162548A) the Commissioner for Revenue, respectfully pleaded:

That Council Directive No. 2010/24/EU, namely the Mutual Assistance for the Recovery of Claims relating to Taxes, Duties and Other Measures Order of the 16th March, 2010, promotes and regulates collaboration between Member States in respect of recovery of tax or/and duties owed by debtors of one Member State, who are present in another Member State's territory, and other measures;

That the Directive has been implemented in the Laws of Malta by virtue of the said Order transposed in Legal Notice 153 of 2012, which Order has come into force on the 1st January, 2012, and permits the Minister responsible of Finance, otherwise the competent authority, to collect the tax owed in the name of other Member States where the debtor is present in Malta;

That in terms of the mentioned Directive, the German competent authority, otherwise the applicant authority, has made a claim for assistance to the applicant Commissioner for Revenue, acting on behalf of the Minister responsible of Finance, so that the applicant recovers tax that is owed to the applicant authority.

That the respondent owes tax to the German applicant authority in the amount of fifty six thousand eight hundred twenty nine euro and forty nine cents (€56,829.49) as appears from the Uniform Enforcement Instruments here attached and marked as Doc. 'A', together with interest due by law;

That the respondent has been indicated as being registered in Malta and thus the applicant is hereby proceeding to collect the mentioned amount since the same debt is deemed to be owed to the applicant Commissioner for Revenue in terms of Article 9 of the mentioned Legal Notice;

That the applicant is satisfied that the requisites imposed by the mentioned Directive have been met with respect to this claim for recovery;

That, furthermore, the respondent company has a right to a translation of same Doc. 'A'  into any of the official languages of the European Union, or of the requested Member State if available. A document is being hereby attached and marked as Doc. 'B' to inform the respondent company that it may request the mentioned translation within seven (7) days of service of same document;

To that extent and in view of the above the applicant respectfully requests that in accordance to sub-articles 9(6) and (7) of the mentioned Legal Notice, this Honourable Court in the first instance orders a copy of this application together with the documents hereby attached and marked as Doc. 'A', Doc. 'B', to be served upon the respondent according to Cap. 12 of the Laws of Malta, and in the second instance to order the registration of the same Doc. 'A', as official copy, such that said document constitutes executive title.

List of Documents:

Doc. 'A' 'Uniform Enforcement Instrument' issued by the requesting authority of Germany;

Doc 'B'Document that informs the respondent of his right to request a translation of the Doc. 'A'.

Applicant: Commissioner for Revenue, Inland Revenue Department, Floriana FRN 0170

Respondent: 1) 19, Tal-Kontessa, Triq il-Knsija, Ħaż-Żebbuġ, Malta

2) 12,1, Forrest Street, San Ġiljan

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

By schedule filed in Civil Court, First Hall on 30th August, 2017, numbered 1446/17 in the names of Joseph Camilleri Bowman et vs Maurice Cefai et, by Joseph Camilleri Bowman et expressing respectfully:

That the applicants Joseph Camilleri Bowman and his wife Marcellina sive Marceline Camilleri Bowman are the owners of apartment number six (6) situated on the third floor of a block consisting of eleven apartments, numbered two hundred and sixty four, (264), previously numbered two (2) named of Taormina Court, in Triq it-Torri, previously known as Main Street, Sliema, which apartment was acquired by them as per contract in the acts of Notary Sharon Zammit Fiorentino of the twenthy fifth of February, two thousand and sixteen (25.02.2016) as resulting from all the relative terms and conditions;

That as resulting in the said contract of the said apartment is subject to annual and perpetual ground rent and sub ground rent of €23.29c payable as €2.91 original groundrent to the respondent Maurice Cefai and €20.38 sub groundrent to the respondent Despuig Limited;

That the property in question is aligned and marked in the attached plan;

That the original ground rent had been granted by contract in the acts of Notary Giorgio Pace dated 5th of November, 1955, refers for the ground rent in the amount of twelve Liri Maltin (Lm12 equivalent for € 27.95);

That since previously the block consisted of four (4) floors and on the floor flat number six (6) therefore on the third (3) floor, were built two apartments, so the share of apartment number six (6), property of the applicants from the original ground rent is of twenty seven euro and ninety five cents (€27.95c) which results that is €3.49c;

That the applicants already paid the laudemium of twenty euro and thirty eight cents (€20.38c) to Despuig Limited on the 27th April, 2016;

That they also have to pay the laudemium to Maurice Cefai in the amount of three euro and forty nine cents (€3.49c) and as well have to pay ground rent of one (1) year of twenty euro and thirty eight cents (€20.38c) to Despuig Limited and sub ground rent of one year of three euro and forty nine cents (€3.49c) to Maurice Cefai;

That the applicants wish to avail themselves by Article 1501 Cap. 16 of Laws of Malta thus redeem the said ground rent of three euro and forty nine cents (€3.49) payable to Maurice Cefai and an annual and perpetual sub ground rent of twenty euro and thirty eight cents (€20.38c) payable to Despuig Limited; 

That the said ground rent payable to Maurice Cefai of three euro and forty nine cents (€3.49c) capitalised at the rate of five percent (5%) amounts to sixty nine euro and eighty cents (€69.80), while the sub ground rent payable to the respondent Despuig Limited of twenty euro and thirty eight cents (€20.38c) capitalised at the rate of five percent (5%) amounts to four hundred and seven euro and sixty cents (€407.60) added together the said laudemium of three euro and forty nine cents (€3.49c) and sub ground rent in the amount of twenty euro and thirty eight cents (€20.38c) being deposited as well;

That the apartment in question is not the ordinary residence of applicants.

Therefore, the applicants are asking to this Honourable Court and under its authority to deposit the sum of five hundred and four euro and seventy six cents (€504.76c) in order to redeem the said ground rent and sub ground rent which a sum represents in respect of three euro and forty nine cents (€3.49c) arrears of ground rent, three euro and forty nine cents(€3.49c) laudemium, and sixty nine euro and eighty cents (€69.80c) redemption of the original ground rent, all three payable to Maurice Cefai and in respect of twenty euro and thirty eight cents (€20.38c) arrears of ground rent and four hundred, seven euro and sixty cents (€407.60) redemption of the said subground rent, both payable to the respondents Despuig Limited so that said amounts can be freely withdrawn by respective respondents against the release of receipt under the law.

Marvic Farrugia

For the Registrar of Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of the 28th April, 2021, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

Ballut Block Services Limited (C8360) of Wied Filep l/o Naxxar, filed a Claim on the 26th March, 2021, whereby they asked the Tribunal to condemn Jonathan Construction Limited (C79477) of Seaview Flat 1, Qui-si-Sana Seafront, Tas-Sliema SLM 3110, to pay the plaintiff company the sum of €1726.34, which amount is due to the plaintiff company.

With costs and legal interests

The case (Claim number 98/2021JG) is deferred on the 2nd July, 2021, at 12.30 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given, by the Civil Court First Hall, on the 8th April, 2021, in the records of the Sworn Application, in the names Joseph Caruana et vs Michael Bonello et, Application number 117/2021 JVC, the following publication was ordered for the purpose of service of the respondents Michael Bonello and Kathiana Bonello Ghio, in terms of Article 187(3) et sequitur of Cap 12. This Application was deferred for hearing from the sitting of the 19th May, 2021.

By means of a Sworn Application, filed, in the First Hall Civil Court, in the names Joseph Caruana (ID 554351M), Raymond Caruana (ID 168178M), Joyce Tabone (ID 775260M), Joseph Tabone (ID 145751M), Richard Cutajar (ID 119371M), Antonia Cutajar (ID 36843M), Michael Gauci and his wife Daniela Peresso (ID 595462M and 290172M respectively) Renne Borg (ID 92982M), Emanuel and Antoinette spouses Camenzuli (ID 358560M), and 335062M) respectively) vs Michael Bonello (ID 73483M) and Kathiana Bonello Ghio (ID 0552385M), on the 11th February, 2021, the applicant Joseph Caruana et asked this Honourable Court:

1. To declare that the defendant committed a recent, violent and clandestine spoliation to the detriment of the plaintiffs as stated above;

2. To order the defendants so that within a short and peremptory period that shall be fixed to them they carry out all the opportune remedial works in order to return to the state quo ante what they did and put the interpellant in the possession of the planter de quo and uphold the other demands in the application.

With costs, as demanded in the application against the defendants summoned so that a reference to their evidence be made and saving any other action due to the plaintiffs.

The Sworn Application in the names Joseph Caruana et vs Michael Bonello et, Application Number 117/2021 JVC, has been off for hearing  to the 7th July, 2021, at 9.00 a.m.

Notify Respondents: Jasmine Court, Flat 5, Triq San Ġorġ, Ħal Safi

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the First Hall Civil Court, on the 28th January, 2021, in the records of the Sworn Application in the names Anthony Ventura vs Chantelle Mifsud, Application number 298/2020 GM, the following publication was ordered for the purpose of service of the respondent Chantelle Mifsud, in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application, filed, in the First Hall Civil Court, in the names Anthony Ventura (ID 105885M) vs Chantelle Bmifsud (ID 213092M) on the 13th May, 2020, the applicant Anthny Ventura (ID 105885M) asked this Honourable Court,

1. To declare that the plaintff suffered substantial damages when the premises leased to him passed to third parties without his consent, declare the respondent responsible for the amount of movables and immovables and damages that the plaintiff suffered condemn the respondent for the payment of the amount of movables and immovables suffered by the plaintiff.

With costs, against the respondent from now summoned so that a reference to her evidence be made and with interests according to law from the date of service of this sworn application till the date of effective payment.

The Sworn Application in the names Anthony Ventura vs Chantelle Mifsud, Application number 298/2020 GM, has been deferred for hearing to the 28th June, 2021, at 10.40 a.m.

Notify respondent; 68, Melody, Triq Don Luigi Rigord, Pembroke

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall, on the 6th April, 2021, on the application of Bank of Valletta plc (C2833), Thursday, 23rd September, 2021, at half past ten in the morning (10.30 a.m.), has been fixed for the Sale by Auction, to be held in Room Number 78, Nearby the Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

Apartment situated on the first (1st) floor, internally marked number one (1), forming part of a two block apartment, which block of apartments are officially numbered fifty two (52), named 'Ivory', overlying a block of garages and shop on ground floor level belonging to third parties, in Triq Lia, Ħaż-Żabbar, subject to the rate of annual and perpetual ground rent of thirteen euro and ninety eight cent (€13.98) part of a larger annual and perpetual ground rent of twenty nine euro and twenty six cent (€29.26), revisable on the first January, two thousand and forty seven (01.01.2047) otherwise free and unencumbered, with all its rights and appurtenances, including the divided part of the roof including its airspace as well as the washroom as better shown in the plan in the contract dated twenty fifth October, two thousand and seven (25.10.2007) in the acts of Notary Bartolomeo Micallef, with the right of passage to the other roof area for access purposes only, including the undivided share of the areas intended for the common use together with the other owners of the same block, with the obligation that the owners contribute the pro rate share for maintenance and repair of the common areas and to not obstruct the common areas with personal effects, as better described in the contract in the acts of Notary Pierre Cassar dated thirty-first October, two thousand and three (31.10.2003), valued at two hundred and fifty thousand euro (€250,000).

The said tenement is the property of Montebello Carlo (ID 38575M) and Montebello Silvana (ID 447375M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 27/2020.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the First Hall Civil Court, on the 11th February, 2020, in the records of the Sworn Application, in the names Lorenza sive Loren Desira vs Emanuele sive Noel Theuma, Application Number 1126/2019 RGM, the following publication was ordered for the purpose of service of the respondent Emanuele sive Noel Theuma, in terms of Article 187(3) et sequitur of Cap. 12

By means of a Sworn Application, filed, in the First Hall Civil Court, in the names Lorenza sive Loren Desira (ID 237878M) vs Emanuele sive Noel Theuma (ID 188476M) on the 25th November, 2019, the applicant Lorenza sive Loren Desira (ID 237878M) asked the respondent to state why this Honourable Court should not:

1. Declare that the applicant and the respondent are co-owners in equal shares between them and namely one half undivided (1/2) each of the garage internally numbered not officially one (1) underlying a block of building with the name 'Mediterranean Court' in Triq l-Aħdar, previously New Street in Triq il-Gidwet, Marsaskala, as described in the application;

2. Declare that the applicant has the right not to remain in co-ownership with the respondent of the garage in question and uphold the other demands in the application amongst which that the proceeds of the sale of the same property after deducting the expenses be divided between the parties according to their respective quotas.

With costs, against the respondent from now summoned so that a reference to his evidence be made.

The Sworn Application in the names Lorenza sive Loren Desira vs Emmanuele sive Noel Theuma, Application number 1126/2019 RGM, has been deferred for hearing to the 15th July, 2021, at 9.50 a.m.

Notify Respondent: 96, White Rose, Triq iż-Żebbiegħ, Mġarr, Malta

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 22nd March, 2021, in the records of the Sworn Application in the names Denise Calleja Amaira vs Adrian Farrugia, Application number 250/20 AL, the following publication was ordered for the purpose of service of the respondent Adrian Farrugia, in terms of Article 187(3) et sequitur of Cap. 12. This Application was deferred for hearing from the sitting of the sixteenth June, 2021.

By means of a Sworn Application, filed, in the Civil Court (Family Section) in the names Denise Calleja (ID 115792M) vs Adrian Farrugia (ID 380388M) on the 22nd December, 2020, the applicant Denise Calleja Amaira respectfully pleaded:

1. That from an extra matrimonial relationship between the parties there were born the minors … omissis … on the 7th June, 2013, and … omissis … on the 21st November, 2018;

2. That the parties lived together in the residence of the defendant and this for a period of about five years and the relationship between the parties finished towards the end of January 2019;

3. That the minors reside with the plaintiff and by means of a Decree of this Honourable Court of the 22nd January, 2020, Mediation 233/2019, the care and custody of the minors was entrusted to both parents jointly and the access of the defendant to the minors was regularised;

… omissis …

9. That in view of the circumstances as explained in the application it will be in the best interest of the minor if the access of the defendant be suspended;

… omissis …

Thus, the plaintiff humbly prays this Honourable Court,

1. To entrust the care and custody of the minors … omissis … and … omissis … to the plantiff and this without the necessity of the signature of consent of the defendant and uphold the other demands in the application amongst which that there be suspended the access of the defendant with the minor and there be liquidated the arrears and condemn the defendant to pay the sum liquidated.

With costs, against the defendant from now summoned so that a reference to his evidence be made .

The Sworn Application in the names Denise Calleja Amaira vs Adrian Farrugia, Application Number 250/20 AL, has been deferred for hearing to the 26th October, 2021, at 9.30 a.m.

Notify : 7, Catherine, Triq il-Kanonku G. De Domenico, Żejtun

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

Notice, Registry of the Civil Court, First Hall

Whereas Dr Thomas Bugeja noe filed an application under oath (No 244/21/JVC) demanding the Correction of the Act of Public Registry of Olivia Kate Ofer No. 2239/2021 in the Public Registry.

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

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

By order of the Court,

Karen Falzon

For Registrar, Civil Courts and Tribunals