Court Notices published in Govt. Gazette No. 19,906 of 22 November 2017


1801

By means of a decree of the 15th November, 2017, of the Civil Court First Hall in the records of judicial letter number 3230/17, in the names Anthony Cachia vs Three Sixty Limited et, the following publication was ordered for the purpose of effecting service on the defandants Hugo Cast and Co Limited, Francis Grima, Carlo (Carmel Horace) Schembri, Bojan Spasic, Russell Vassallo, Roderick Caruana, Wayne Catania, Renard Tabone and Zach Latif in terms of Article 187(3) of Cap. 12.

In the First Hall of the Civil Court

Today 6th September 2017

To:
1. Three Sixty Limited
2. Hugo Cast and Co. Limited (C 28906) of The Penthouse, Carolina Court, Triq Giuseppe Calì, Ta’ Xbiex
3. Hugo Chetcuti
4. Francis Grima (ID 781757M) of Sky, Triq id-Dragonara, San Ġiljan
5. Carlo (Carlo Horace) Schembri (ID 385274M) of 9, Triq il-Kontessa, Triq ir-Repubblika, Rabat
6. Jonathan Grima
7. Mark Azzopardi
8. Bojan Spasic (ID 132255A) of 25, Matthew, Flt5, Triq il-Fossili, Birżebbuġa
9. Mark Dimech
10. Russell Vassallo (ID 201193M) of Vista Terrace, Flt 7, Triq l-Iskuna, San Pawl il-Baħar
11. Emanuel Caruana
12. Roderick Caruana (ID 138188M) of 55, Sunsea, Blk A, Flt 4, Triq is-Sliem, Marsaskala
13. Tyson Grech
14. Christian El Ichati
15. Wayne Catania (ID 412790M) of 362, Triq il-Kbira, Mosta
16. Costantine Borg
17. Saviour sive Sammy Grima
18. Noel Grima
19. Renard Tabone (ID 17378M) of 56, Renjo, Triq San Vincenz, Hamrun
20. Zach Latif (ID 368097M) of Blk B, Fl 9, Triq Bertha K Ilg, San Ġiljan
21. Andre Bugeja  
By the present Anthony Cachia (ID 0430798M) of Block 24, Apartment 23, Portomaso solicit you so that immediatly, you come forward for the liquidation and payment of all the damages that you or any one of you, caused as a consequence to the accident that occured on the 15th November, 2015, at about 01.00 in the morning in the establishment Plus One in Triq San Ġorġ, Paceville, San Ġiljan, and for which accident and consequential damages you together and in solidum or any one of you are responsible.

That in this accident, the interpellant was seriously bodily hurt and he suffered permanent disability and other damages.

The interpellant informs you that if you remain in default, the interpellant will have no other way but to proceed against you according to law, including the issuing of all the precautionary warrants without any other notice.

With interest and costs

Registry of the Superior Courts today 20th November, 2017

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals



1802

By means of a decree given, by the First Hall Civil Court, on the 8th November 2017, by the First Hall Civil Court (Constitutional Jurisdiction) in the records of the application in the names Williams Gareth vs The Attorney General et, Application Number 80/17 SM, the following publication was ordered for the purpose of service of the respondent Jan Sammut, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, filed in the First Hall Civil Court (Constitutional Jurisdiction) in the names Gareth Williams (passport number 511533117) vs 1) The Attorney General, and 2) Jan Sammut (ID 94872M) for any interest he may have, on the 13th October, 2017, the applicant Gareth Williams respectfully pleaded:

1. That the applicant is an employee of the foreign company HSBC Global Services (UK) Limited and has been so employed for these last thirty-four years (34). That since the date of the 17th April, 2016, the applicant was seconded with the company HSBC Bank Malta plc, in the position of Human Resources Manager;

2. That the applicant was summoned in procedures pending before the Industrial Tribunal in the names Jan Sammut vs HSBC Bank Malta plc (number 3516/ KBC) to testify and bring with him the documents which refer to his personal data;
3. That the proceedings before the Industrial Tribunal above mentioned are based on article 27 of the Employment and Industrial Relations Act (Cap. 452);

4. That during the sitting of the 21st June, 2017, The Industrial Tribunal, ordered the applicant to give information and produce the documents above mentioned and which refer to personal data;

5. That the order of the Tribunal above mentioned violates the right of the applicant to the respect of his private life protected under the Article 8 of the European Convention of the Human Rights and Fundamental Liberties;

6. That the order of the Tribunal above mentioned violates also the applicant’s right for the protection of personal data which relates to him under Article 8 of the Charter of Fundamental Human Rights of the European Union and the right of respect of his private life protected under Article 7 of the same Charter of Fundamental Human Right of the European Union which has the force of law;

7. That according to the jurisprudence of the European Court of Human rights, the expression ‘private life’ in Article 8 of the European Union applies to the activities of a professional nature;

8. That the order of the Tribunal by means of which the applicant is being constrained to reveal his personal data to third parties constitutes interference by a public authority as regards the applicant’s right to the respect of his private life without there being satisfied the conditions required of the second paragraph of article 8 of the Convention and the Articles above mentioned of the Charter of Fundamental Human Rights of the European Union;

9. That the Industrial Tribunal has the same powers that by the Code of Organisation and Civil Procedures are given to the First Hall Civil Court and thus this means that in the eventuality that the Tribunal orders the applicant to answer the questions which in his opinion violate his fundamental rights he can be detained till he replies, as ordered and this in further violation of his rights as sanctioned by Article 5 of the European Convention of Human Rights and Fundamental Liberties.

Thus, for the reasons premised the applicant humbly prays this Honourable Court:

1. To declare that the order given by the Industrial Tribunal during the sitting of the 21st July, 2017, violated the applicant’s right to the respect of private life protected by Article 8 of the European Convention for the Protection of Human Rights and Fundamental Liberties;

2. Declare that the order given by the Industrial Tribunal during the sitting of the 21st July, 2017, violated the applicant’s rights under Article 8 and 7 of Fundamental Human Rights of The European Union;
3. Declare that the order given by the Industrial Tribunal during the sitting of the 21st July, 2017, shall probably violate the applicant’s rights to his liberty protected under Article 5 of the European Convention for the Protection of Human Rights and Fundamental Liberties.

4. Consequently declare the same order null and without effect for all intents and purposes of law and this according to Article 8 and 5 of the European Convention for the Protection of Human Rights and Fundamental Liberties Articles 8 and 7 of the Charter of Fundamental Rights of the European Union and every other suitable provision;

5. Order that before it is decided that the applicant is employed in the same category of employment of Jan Sammut and that he performs work of equal value the applicant shall not be forced to reveal his personal data and no person shall be forced to reveal the same personal data of the applicant;

6. Give every other remedy which in its jurisdiction it deems fit.

With costs

Civil Court First Hall

Constitutional Jurisdiction

Hon. Mr Justice Silvio Meli, LLD

Application Number 80/17 SM

Gareth Williams

vs

The Attorney General et

The Court,

Having seen the application of the 13th October, 2017,

That in view of the urgency therein indicated suspends the legal time limit and appoints the same for hearing for the sitting of the 24th October, 2017, at 11.00 a.m., and all the respondents shall have till the 23rd October, 2017, to reply.

Today 16th October, 2017

In the First Hall Civil Court (Constitutional Jurisdiction)

In the records of the Application 80/17 SM

Gareth Williams (Passport Number 51133117)

vs
1. The Attorney General and
2. Jan Sammut (ID 94872M) for any interest he may have.

Reply of Gareth Williams:

Respectfully pleads,

1. That the cause in the names premised refers to legal procedures against the Attorney General and Jan Sammut on the part of the applicant following the order given by the Industrial Tribunal of the cause in the names Jan Sammut vs HSBC Bank Malta plc (number 3516/ KBC);

2. That despite that the Industrial Tribunal was informed during the last sitting of the 21st June, 2017 (during which sitting the order above mentioned was given) the applicant was going to present a constitutional case in order to protect his fundamental human rights and he is not constrained to give the necessary information the Tribunal still ordered the applicant to continue to give evidence and bring with him all the information for the following sitting;

3. That due to this reason the applicant requires this Honourable Court to give an interim provision urgently in order that he is not constrained to give the information above mentioned and nor are third parties constrained;

4. That this order ad interim is required since the Industrial Tribunal has the same powers which by the Code of Organisation and Civil Procedure are given to the Civil Court First Hall;

5. If this provision is not made before the sitting of the 3rd November, 2017, the fundamental rights of the applicant shall be violated and the applicant shall be deprived of an effective remedy.

Thus, for the reasons premised the applicant humbly prays this Honourable Court:

1. To make provision ad interim urgently so that the personal information of the applicant is not violated by the applicant himself and nor by third parties before the present constitutional cause is decided.

2. Give every other remedy in its jurisdiction which it deems fit.

By another order of the same Court above decided of the 24th October, 2107, the Court, after it was informed by Dr Tonnas Lowell that the respondent Jan Sammut is still not notified and that the cause merit of the present procedure is deferred before the Idustrial Tribunal to the 3rd November, 2017, ordered that this cause be deferred to the 27th October, 2017, at 11.00 a.m. in order that service be effected and is now deferred to the 23rd November, 2017, at 9.00 a.m.
Notify: Jan Sammut, ‘Sycamore’, Triq il-Qattus, Birkirkara, Swatar

Registry of the Civil Courts (Constitutional Jurisdiction), today 21st November, 2017

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



1803

Bann for Curators

Republic of Malta

To the Marshal of the Courts

It is hereby notified that by a decree dated the 9th of January, 2017, the First Hall of the Civil Court, following the request of Raymanda Limited (C 18454) ordered that deputy curators be appointed to represent the unknown owners, in the records of the Schedule of Deposit number 15/2017, in the names Raymanda Limited (C 18454) vs Deputy Curators and in the other relative and subsequent acts.

By a Schedule of Deposit, filed on the 5th of January, 2017, in the First Hall of the Civil Court, in the names Raymanda Limited (C 18454)

vs

Deputy Curators to represent the unknown owners, Raymanda Limited (C 18454) respectfully submitted that:

The interpellant acquired the maisonette described in the Schedule of Deposit;

The aforementioned maisonette is subject to an annual and perpetual ground rent, amount specified in the same Schedule of Deposit;

The owners of the said ground rent are unknown to the interpellant;

The interpellant would like to deposit the sum of €14.00 which represents the ground rent of the last five years in order to be freely withdrawn by the deputy curators appointed to represent the unknown owners, after the due receipt is left according to law.

Interpellant: Raymanda Limited (C 18454), 45, Rising Sun, Triq l-Għenieq, Naxxar

Services: Deputy Curators, Superior Courts, Valletta


You are hereby ordered to affix an official copy of this Bann at the entrance of this Superior Court and to summon whosoever wishes to be nominated as a curator to present himself/herself in this Registry within six days and make known his/her interest through a declaratory note.

You are also ordered to inform each one that in default, this Court will proceed to nominate an official curator.


And after execution, or upon your meeting with any obstacle in the execution hereof, you shall forthwith report to this Court.

Given by the aforementioned Superior Court and witnessed by The Hon. Mr Justice Joseph R. Micallef, LLD, Doctor of Laws.

This 9th of January, 2017

Registry of the Superior Courts, today Monday, 20th November, 2017

ADV. DR FRANK-LUKE M. ATTARD CAMILLERI, LLD
For the Registrar, Civil Courts and Tribunals




1804

Bann for Curators

Republic of Malta

To the Marshal of the Courts

It is hereby notified that by a decree dated the 15th of May, 2017, the First Hall of the Civil Court, following the request of RGM Developments Company Limited (C 51306) ordered that deputy curators be appointed to represent the unknown heirs of Nicola Zammit, in the records of the Schedule of Deposit and Concurrent Redemption of Ground Rent number 798/2017, in the names RGM Developments Company Limited (C 51306) vs Deputy Curators and in the other relative and subsequent acts.

By a Schedule of Deposit and Concurrent Redemption of Ground Rent, filed on the 12th of May, 2017, in the First Hall of the Civil Court, in the names RGM Developments Company Limited (C 51306)

vs
Deputy Curators to represent the unknown heirs of Nicola Zammit, a son of Giovanni, born in and resided at Birkirkara, RGM Developments Company Limited respectfully submitted that:

By means of a public deed in the records of Notary Dr Robert John Muscat dated the 21st of April, 2016, the applicant company acquired the properties described in the Schedule of Deposit and Concurrent Redemption of Ground Rent i.e. (1) a street level garage, official property number 101, Triq ir-Rebħa, Gżira; (2) the premises with official property numbers 103 and 105, Triq ir-Rebħa, Gżira, and (3) the tenement with official property number 107, Triq ir-Rebħa, Gżira;

The aforementioned properties are subject to an annual and perpetual sub-ground rent payable to the successors in title of Nicola Zammit, amount specified in the same Schedule of Deposit and Concurrent Redemption of Ground Rent;

The heirs of the aforementioned Nicola Zammit are unknown;

The applicant company would like to avail itself of the faculty contemplated in Article 1501 of the Civil Code (Cap. 16 of the Laws of Malta) and redeem this same sub-ground rent in terms of the cited law by depositing the sum of €169.42 which represents the value of the said sub-ground rent capitalized at 5% as well as the amount of €42.35 representing the sub-ground rent of the last five years in order to be freely withdrawn by the deputy curators appointed to represent the unknown heirs of Nicola Zammit, after the due receipt is left according to law.

Applicant Company: RGM Developments Company Limited (C 51306), 218, The Cliff, Appartament 6, Triq it-Torri, Tas-Sliema

Services: Deputy Curators, Superior Courts, Valletta

Director of the Public Registry, Valletta

You are hereby ordered to affix an official copy of this Bann at the entrance of this Superior Court and to summon whosoever wishes to be nominated as a curator to present himself/herself in this Registry within six days and make known his/her interest through a declaratory note.

You are also ordered to inform each one that in default, this Court will proceed to nominate an official curator.


And after execution, or upon your meeting with any obstacle in the execution hereof, you shall forthwith report to this Court.

Given by the aforementioned Superior Court and witnessed by The Hon. Mr Justice Silvio Meli, LLD, Doctor of Laws.

This 15th of May, 2017

Registry of the Superior Courts, today Monday, 20th November, 2017

AV. DR FRANK-LUKE M. ATTARD CAMILLERI, LLD
For the Registrar, Civil Courts and Tribunals




1805

Bann for Curators

Republic of Malta

To the Marshal of the Courts

It is hereby notified that by a decree dated the 7th of November, 2017, the First Hall of the Civil Court, following the request of John Lia (ID 0405262M) et ordered that deputy curators be appointed to represent the unknown owner/s, in the records of the Schedule of Deposit and Concurrent Redemption of Ground Rent number 1830/2017, in the names John Lia (ID 0405262M) et vs Deputy Curators and in the other relative and subsequent acts.

By a Schedule of Deposit and Concurrent Redemption of Ground Rent, filed on the 6th of November, 2017, in the First Hall of the Civil Court, in the names John Lia (ID 0405262M), a soldier, a son of Joseph Lia and Giovanna née Muscat, born in Ħal Lija and residing at Paola, Malta, and Josephine Lia (ID 0223263M), a daughter of George Wickman and Josephine née Cauchi, born in and residing at Paola, Malta

vs

Deputy Curators to represent the unknown owner/s, John Lia (ID 0405262M) et respectfully submitted that:

The interpellants acquired the garage described in the Schedule of Deposit and Concurrent Redemption of Ground Rent;

The said garage is subject to an annual and perpetual ground rent, amount specified in the same Schedule of Deposit and Concurrent Redemption of Ground Rent;

The interpellants would like to avail themselves of the faculty contemplated in Article 1501 of the Civil Code (Cap. 16 of the Laws of Malta) and redeem this same ground rent in terms of the cited law by depositing the sum of €35.00 which represents the value of the said ground rent capitalized at 5% in order to be freely withdrawn by the deputy curators appointed to represent the unknown owner/s, after the due receipt is left according to law.

Interpellants: John Lia (ID 0405262M) et, 4, Zoom Top, Triq Cameron, Paola

Services: Deputy Curators, Superior Courts, Valletta

Director of the Public Registry, Valletta

You are hereby ordered to affix an official copy of this Bann at the entrance of this Superior Court and to summon whosoever wishes to be nominated as a curator to present himself/herself in this Registry within six days and make known his/her interest through a declaratory note.

You are also ordered to inform each one that in default, this Court will proceed to nominate an official curator.


And after execution, or upon your meeting with any obstacle in the execution hereof, you shall forthwith report to this Court.

Given by the aforementioned Superior Court and witnessed by The Hon. Mr Justice Joseph Zammit McKeon, LLD, Doctor of Laws.

This 7th of November, 2017

Registry of the Superior Courts, today Monday, 20th November, 2017

AV. DR FRANK-LUKE M. ATTARD CAMILLERI, LLD
For the Registrar, Civil Courts and Tribunals




1806

Bann for Curators

Republic of Malta

To the Marshal of the Courts

It is hereby notified that by a decree dated the 8th of November, 2017, the First Hall of the Civil Court, following the request of Josephine Grech (ID 290239M) et ordered that deputy curators be appointed to represent the unknown directus dominus, in the records of the Schedule of Deposit and Concurrent Redemption of Ground Rent number 1836/2017, in the names Josephine Grech (ID 290239M) et vs Deputy Curators and in the other relative and subsequent acts.

By a Schedule of Deposit and Concurrent Redemption of Ground Rent, filed on the 7th of November, 2017 in the First Hall of the Civil Court, in the names Josephine Grech (ID 290239M), Jane Carmen Swayne (Australian passport with number N6726668), Dorothy Irene Parnis (Australian driving licence with number 513033), Paula Jane Goller (Australian driving licence with number A55725), Karen Doris Parnis (Australian driving licence bearing number A85720), Mary Fenech (ID 686937M), Anthony Parnis (ID 348342M), Rita Zahra (ID 759532M), Janet Sonya Lyons (Australian ID EA7916), and William James Lyons (Australian driving licence number F52054)

vs
Deputy Curators to represent the unknown directus dominus, Josephine Grech (ID 290239M) et respectfully submitted that:

The interpellants are the co-owners of the property described in the Schedule of Deposit and Concurrent Redemption of Ground Rent;

The aforementioned property is subject to an annual and perpetual ground rent, amount specified in the same Schedule of Deposit and Concurrent Redemption of Ground Rent;

The interpellants would like to avail themselves of the faculty contemplated in Article 1501 of the Civil Code (Cap. 16 of the Laws of Malta) and redeem this same ground rent in terms of the cited law by depositing the sum of €30.80 which represents the value of the said ground rent capitalized at 5% as well as the amount of €7.70 representing the ground rent of the last five years in order to be freely withdrawn by the deputy curators appointed to represent the unknown directus dominus, after the due receipt is left according to law.


Interpellants: Josephine Grech (ID 290239M) et, St Anthony Crt Flat 11, Triq J. Quintinus, St Paul’s Bay

Services: Deputy Curators, Superior Courts, Valletta

Director of the Public Registry, Valletta

You are hereby ordered to affix an official copy of this Bann at the entrance of this Superior Court and to summon whosoever wishes to be nominated as a curator to present himself/herself in this Registry within six days and make known his/her interest through a declaratory note.

You are also ordered to inform each one that in default, this Court will proceed to nominate an official curator.


And after execution, or upon your meeting with any obstacle in the execution hereof, you shall forthwith report to this Court.

Given by the aforementioned Superior Court and witnessed by The Hon. Mr Justice Joseph Zammit McKeon, LLD, Doctor of Laws.

This 8th of November, 2017

Registry of the Superior Courts, today Monday, 20th November, 2017

ADV. DR FRANK-LUKE M. ATTARD CAMILLERI, LLD
For the Registrar, Civil Courts and Tribunals