Court Notices published in Government Gazette No. 20,997 of 27th January 2023
Notice 251
251By means of a decree by the Court of Appeal (Superior Jurisdiction) given on 17th January, 2022, in the records of Appeal Application number 958/2017 in the names Pharmacist Pierina Zammit (ID 837348M), Pharmacist Stephanie Vella Zammit (ID 405576M) and Martine Zammit (ID 177381M) as licence holders and owners respectively of the pharmacy Evans, Ħal Qormi vs 1) the Superintendent of Public Health, 2) Mario Debono (ID 106738M) and by decree of 11th July, 2018, the company Brown's Pharma Limited was authorised to intervene in the case in statu et terminis, the court ordered the following publication in regard to Mario Debono pursuant to section 187(3) et sequitur of Cap 12 of the Laws of Malta.
Whereas by means of Appeal Application number 958/2017 filed on 27th October, 2022, in the names above mentioned, the appellants feel aggrieved by the judgment of 29th September, 2022, wherein the First Hall of the Civil Court upheld the first plea raised both by the Superintendent of Public Health, as well as by Mario Debono and informally by Brown's, and specifically that the exponents lack the necessary juridical interest to file this cause and are also aggrieved by the decree of 11th July, 2018, and therefore are humbly interposing this appeal;
Whereas the grievances are clear and manifest and consist, in relation to the decree of 11th July, 2018, regarding the intervention in statu et terminis, this court should accept their appeal against this decree by revoking it and ordering that, given that Brown's Pharma Ltd. does not have the necessary juridical interest to intervene, it be removed from the cause, and also by ordering that the note of its submissions be struck off the records. Furthermore the exponents, for the reasons detailed in their appeal application, consider that they have the necessary juridical interest to proceed with this case to ensure that the relevant jurisprudence cited in the first instance is followed in its entirety and not only partially.
Therefore the exponents, while making reference to the evidence produced and producible at this stage, request that – save what was requested under the appeal in relation to the intervention in statu et terminis and in relation to the costs regarding the company Brown's Pharma Ltd – this Honourable Court should annul the appealed judgment of 29th September, 2022, by dismissing all the pleas of both respondent defendants, and informally of the intervener Brown's, and by upholding the plaintiffs claims, with costs.
Notification: Mario Debono, 4, il-Bajja s-Sabiħa, Birżebbuġa
Dr Franco Bondin, LLD, M. Jur.
For the Registrar, Civil Courts and Tribunals
Notice 252
252By means of a decree of the 14th December, 2022, of the Civil Court (Family Section), in the records of the Application in the names Jason Gatt vs Maria Lourdes Gatt Bondin, Application number 379/2022AL, the following publication was ordered for the purpose of effecting service on the respondent Maria Lourdes Gatt Bondin 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 Jason Gatt (ID 187779M) vs Maria Lourdes Gatt Bondin (ID 104881M), filed in the Civil Court (Family Section), on the 14th July, 2022, the applicant Jason Gatt requested this Honourable Court to:
1. Pronounce the dissolution of the marriage between the parties;
2. Order the Registrar of Courts so that within the time given by this same Court, he notifies the Director Public Registry about the divorce of the parties so that this is registered in the Public Registry.
Applicant: Block C, Flat 15, Misraħ il-Feniċi, Rabat
Notification respondent: Pirinej, Triq Antonio Chircop, Qrendi
The Application in the names Jason Gatt vs Maria Lourdes Gatt Bondin, Application number 379/2022AL, has been postponed for hearing to the 2nd February, 2023, at 9.15 a.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 253
253By means of a decree of the 6th January, 2023, of the Civil Court (Family Section), in the records of the Application in the names Maria Melissa Vassallo pro et noe vs Ludwig Vassallo, Application number 137/2022AL, the following publication was ordered for the purpose of effecting service on the respondent Ludwig Vassallo in terms of Article 187(3) et seq of the Code of Organisation and Civil Procedure (Cap. 12).
By means of an application in the names Mary Melissa Vassallo (ID 391679M) in her own name and for and behalf of the minor … omissis … vs Ludwig Vassallo, filed in the Civil Court (Family Section), on the 24th June 2022, the applicant Mary Melissa Vassallo (ID 391679M) requested this Honourable Court to:
1. Entrust the care and custody of the same minor to the applicant, with the power that on her own, without the need of the intervention of the father, she signs any document needed in relation to the minor's education;
2. Order the respondent to pay the due maintenance for the minor … omissis … born on the 23rd October, 2015, and with the conditions related to the same payment;
3. Grant limited access and possibly supervised when the minor … omissis … is with the respondent. And this, under those provisions that this Court deems fit.
With costs against the respondent who is from now summoned so that a reference to his oath be made.
Applicant: Pauldor, Triq San Pietru, Ħal Kirkop
Notification respondent: Boathouse A, Triq ix-Xatt, Kalkara
The application in the names Mary Melissa Vassallo pro et noe vs Ludwig Vassallo, Application Number 137/2022AL has been postponed for hearing to the 31st January, 2023, at 9.15 a.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 254
254It is hereby notified that by virtue of a decree given on the 12th January 2023, the Small Claims Tribunal (Gozo), ordered the publication of the subjoined notice for the purposes of service in respect of the defendant Svein Zammit of 23, Triq San Ġwann, Victoria, Gozo, in terms of section 187(3) of Cap. 12 of the Laws of Malta.
Alf Mizzi & Sons (Marketing) Limited (C8692) of Zachary House, Marsa Industrial Estate, Marsa, filed a claim in the Small Claims Tribunal (Gozo), Case number 14/2022 in the names of 'Alf Mizzi & Sons (Marketing) Limited vs Svein Zammit', on the 31st of May, 2022, wherein it requested the Tribunal to condemn the defendant Svein Zammit to pay the amount of €3,255.88, which sum represents an unpaid price for merchandise that was sold and delivered to the defendant by the plaintiff company which price remained never paid. This is despite the fact that the defendant was requested several times to proceed to payment even through an Official Letter with the number 13/2022 he still failed to pay the amount.
With the costs and rights, and with the legal interests from the date of the last invoice until the effective payment, including the costs of the official letter number 13/2022, as well as with reservation for any further amount which could be due to the plaintiff society.
The hearing of this case is being deferred for the 23rd February, 2023, at 1200 p.m.
Rebekah Mizzi
Deputy Registrar
Notice 255
255By a Decree of the 26th January, 2023, given by the First Hall Civil Court, the Court ordered that the extract hereunder mentioned be published for the purpose of service according the Article 338 (1) of the Code of Organisation and Civil Procedure (Cap. 12).
That by application and a Schedule of set-off filed contemporaneously by Melita Power Diesel Limited with the registration number C23376 on the 24th January, 2023, the approval of the said judicial acts is being demanded for the amount of €50,000 following judicial sale by auction 4/22 in the names Melita Power Diesel Limited vs Bastiment 'Bastion 4' officially numbered 49512193 held under the authority of the said Court on the 18th January, 2023.
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
Notice 256
256By a decree given on the 20th January, 2023, by the Civil Court First Hall, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to Article 187 (5) of the Code of Organisation and Civil Procedure (Cap. 12).
By decree given by the Civil Court, First Hall, on the 4th January, 2023, on the application of J. Zammit Limited (C37945), Wednesday, 8th February, 2023, at eleven in the morning (11.00 a.m.) has been fixed for the Sale by Auction, to be held in J&J Boatyard, garage number fifty five (55) limits of Ta' Għadmija, Mqabba, of the following vehicles seized from the property of Construction Engineering Limited with the registration number C80638:
Vehicle of the make Isuzu Elf white in colour with the registration number FCN 596;
and
Vehicle of the make Citreon Berlingo white in colour with the registration number FCN 271.
N.B. The said vehicles will be sold as described in the acts of judicial sale file number 9/22.
Marvic Farrugia
For the Registrar of Civil Courts and Tribunals