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CourtNotices2009

20/09/2018

Court Notices published in Govt. Gazette No. 20,059 of 20th September 2018

COURT NOTICES



1473

ARB/C005/2018 – NEW FREEZING ORDER 

IT IS BEING NOTIFIED that by a decree dated 18th September, 2018, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Neville Camilleri, LLD). Compilation number 673/2015 in the case: 

The Police 
(Inspector Justine Grech) 

Versus
 
ANDREA BUSUTTIL, 31 years, unemployed, son of Anthony and Teresa née Grech, born in Mosta, Malta, on the 17th September, 1987, residing at Birguma Heights, Blk D Fl 3, Triq Andrea Debono, Naxxar, and holder of Maltese identity card bearing number 416087M. 

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 ANDREA BUSUTTIL and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property and this according to Section 22A of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta, and of Section 23A of the Criminal Code, Cap. 9 of the Laws of Malta.

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

Any person who acts in contravention of the court order mentioned in Section 22A and Section 23A referred to above shall be guilty of an offence and shall on conviction be liable to a fine (multa) not exceeding eleven thousand and six hundred and forty-six euro and eighty-seven cents (€11,646.87), or to imprisonment for a period not exceeding twelve months, or to both such fine and imprisonment. 
Any transfer or other disposal of any immovable property made in contravention of the said Court order shall be null and without effect at law. 

Today, 18th September, 2018 

DIRECTOR 
Asset Recovery Bureau



1474

Notice in terms of article 495A of the Civil Code
Issued by the Court of Magistrates (Gozo)
Superior Jurisdiction, General Section

Sworn Application number: 71/2018

Carmela sive Carmen Tabone (23044 G) who appears hereon in her name and on behalf of Walter Theuma (25453 G), residing abroad;

Pauline Grech (64147 G);

Peter Paul Theuma (6649 G);

Albert Theuma (25150 G);

Andrew Muscat (49858 G) and Bernarda sive Nadette sive Bernardette Muscat (39264 G)

vs

Francis Theuma (42945 G)

Application by Carmela sive Carmen Tabone et.

Humbly submit and Peter Paul Theuma confirms on oath:

1. That this application is being made with regards to property number ten (10) and eleven (11), in Pjazza l-Arċisqof Martin Camilleri, Nadur, Gozo, having a small yard annexed to it.

2. That all the parties, except for Andrew Muscat and Bernarda Muscat, are co-proprietors of the said property number ten (10) and eleven (11), in Pjazza l-Arċisqof Martin Camilleri, Nadur, Gozo, having a small yard annexed to it.

3. That applicants Carmen Tabone, Pauline Grech, Peter Paul Theuma, Albert Theuma and Walter Theuma, are proprietors of a five-sixths (5/6) undivided share of the property, while the defendant owns the remaining one-sixth (1/6) undivided share.

4. That the property has devolved onto the contenders from the inheritance and succession of their parents (except for spouses Muscat), that is from the inheritance of Joseph and Michelina spouses Theuma, who died of the thirtieth (30) of August of the year two thousand and three (2003) and on the fourteenth (14) of April of the year two thousand and fifteen (2015) respectively.

5. That Joseph Theuma regulated his inheritance and succession by virtue of a will dated the eleventh (11th) of May of the year two thousand (2000) in the records of Notary Doctor Silvio Hili.

6. That according to the afore-mentioned will Joseph Theuma nominated his six children (except for spouses Muscat) as his universal heirs.

7. That Michelina Theuma regulated her inheritance and succession by virtue of a will dated the ninth (9th) April of the year two thousand and twelve (2012) in the records of Notary Josef masini Vento.

8. That by virtue of a public will in the acts of Notary Doctor Josef Masini Vento of the ninth (9) of April of the year two thousand and twelve (2012) Michelina Theuma bequeathed by title of pre-legacy the sum of twenty eight thousand euro (€28,000) to Carmen Tabone, Peter Paul sive Peter Theuma and Albert Theuma and ordered that this sum immediately becomes due upon the event of her death and further that in the case that there are not enough funds for this purpose this sum is to be paid from the proceeds of the sale of property number ten (10) and eleven (11), in Pjazza l-Arċisqof Martin Camilleri, Nadur, Gozo, having a small yard annexed to it.

9. That there were not enough funds so that these three legatees could be paid this amount.

10. That applicants wish to sell the property and have therefore entered into a promise of sale with the other applicants spouses Muscat dated the ninth (9) of May of the year two thousand and eighteen (2018) by virtue of which applicants (except spouses Muscat) are selling to spouses Muscat the property number ten (10) and eleven (11), in Pjazza l-Arċisqof Martin Camilleri, Nadur, Gozo, having a small yard annexed to it, for the overall sum of three hundred and fourth-nine thousand and four hindered and six euro (€349,406).

11. That due to the mentioned legacies the price of the property must be divided between the contenders (except spouses Muscat) in the following manner: Carmen Tabone, Peter Paul sive Peter Theuma and Albert Theuma taking the sum of seventy-two thousand two hundred and thirty-four euro and thirty-three cents (€72,234.33c) each; whereas, Pauline Grech, Walter Theuma and Francis Theuma take the sum of fourth-four thousand, two hundred and thirty-four euro and thirty-four cents (€44,234.34c) each.

12. That the defendant Francis Theuma is refusing to appear on the contract of sale and this for no valid reason at law.
13. That the applicants believe that the price is fair and that the defendant will not suffer any form of prejudice by the fact that the transfer of property is made for the reason that the defendant does not have any other motive than that of denying his siblings the possibility of selling the property.

Therefore, the applicants request this Honourable Court to, prior to the publication of this application in the Government Gazette and another local gazette in terms of article 495A of Cap. XVI:

1. Declares that the price namely the value of the proposed transfer of the share owned by the applicants to spouses Muscat is fair and that the price and the conditions should apply also with regards to the one-sixth (1/6) share owned by the defendant, this however, on the condition that the defendant’s share is paid only on the publication of the final contract.

2. Approves the proposed transfer and orders the publication of the act of sale, for that which regards the defendant’s share, on the date, time and place that are fixed for that purpose and appoints Notary Doctor Maria Vella Magro to publish the act of sale with the faculty of curators duly appointed to represent those in default of appearance on the final contract.

3. Orders that the price obtained from the sale is divided between the contenders (except spouses Muscat) according to that stated above, in light of the legacies left by the mother Michelina Theuma.

4. With costs against the defendant who is hereby being summoned for reference to oath

The application is appointed for hearing for Wednesday, 5th December, 2018. 

Registry of the Court of Magistrates (Gozo)

This 17th September, 2018 

SILVIO XERRI
For the Registrar, Gozo Courts and Tribunals



1475

By decree given by the Civil Court, First Hall on 5th September, 2018, on the application of Valenzia Dr Nicholas noe, Monday, 8th October, 2018 at noon (12.00 p.m.) has been fixed for the sale by auction to be held in a hall on the second floor of these Courts of Justice, Triq ir-Repubblika, Valletta of the following items seized from the property of Vessel “Leonidas K”.

Vessel “Leonidas K”, IMO number 9467782, registered in Malta, by Call sign 9HA2970, property of Sea Gold Marine Co. Ltd (society registered in Marshall Islands), gross tonnage of 1971, net tonnage of 1271, length of 76 metres and breadth of 13.60 metres.

N.B. The said vessel will be sold as described in the acts of judicial sale number 14/18.

Registry of the Superior Courts, this Monday, 17th September, 2018

MARVIC FARRUGIA
For the Registrar, Civil Courts and Tribunals



1476

By decree given by the Civil Court, First Hall on the 12th September, 2018, on the application of Sammut Carmelo (ID 229764M) pro et noe, Thursday, 15th November, 2018, at eleven in the morning (11.00 a.m.), has been fixed for the sale by auction to be held on the First Floor, Courts of Justice, Triq ir-Repubblika, Valletta of the following property.

Property numbered 142 named Dominic House, underlaying a block of apartments block unnumbered and named ‘Gagu Flats’, Triq Naxxar, San Ġwann, subject to an annual and perpetual ground rent of €2.329, free and uncumbered, valued at €250,000.

The said tenement is the property of Borg Constantine (ID 312976M) et.

N.B. The said tenement will be sold as described in the acts of judicial sales number 93/2016.

Registry of the Superior Courts, this Tuesday, 18th September, 2018

RUDOLPH MARMARÀ
For the Registrar, Civil Courts and Tribunals



1477

By means of a decree of the 5th July, 2018, in the records of the judicial letter number 1651/18 in the names Swedish Pensions Agency vs Lars Christian Beitnes, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent Lars Christian Beitnes in terms of Article 187(3) et sequitur of Cap. 12.

In the First Hall of the Civil Court
Today 10th May, 2018

To

Lars Christian Beitnes (ID 39043A) of 48, Flat 9, Tignè Seafront, Tas-Sliema SLM 3011, Malta.
 
By means of this present Swedish Pensions Agency (the “Agency”) represented hereon by Dr Laragh Cassar (ID 455693M) of Camilleri Cassar Advocates, 9 Brittania House, Level One, Triq l-Ifran, Valletta in her capacity as special mandatary, is public authority in Sweden, which is responsible, inter alia, to administer the national pension system in Sweden.

Whereas the Agency is under the responsibility of the Swedish Government and the Swedish Ministry of Finance.

Whereas according to Swedish Law, the Agency is obliged to invest a portion of the savings of the public pensions in certain UCITS Scheme licensed investment funds in terms of Directive 2009/65/EC as amended.

Whereas through the holding of the Agency, the Kingdom of Sweden is the owner of all of the units in the Falcon Aggressive Fund, the Falcon Balanced Fund and the Falcon Cautious Fund (together the Sub-Funds), each of which are sub-funds in Falcon Funds SICAV plc (SV295).

It results that there were several irregularities in the manner in which the assets of the said Sub-Funds were being administered, and in the manner in which the investments were made, through various financial instruments as will be subsequently better explained. 

By the present, the Agency, refers to your involvement inter alia as the final person in control, director and/or shareholder of Oxxy Group Polc, Rock Energy AS, Element ASA (previously known as Intex Resources AS) and White November Fund, in respect of which a number of transactions have been carried out to the detriment of the Sub-Funds and any other direct or indirect involvment in the investments made in the name of the Sub-Funds. 

It results that these Sub-Funds have suffered a loss, and there could be futher substantial loss, and this loss is, inter alia, the direct or indirect result of your actions and/or omissions, resulting from your negligence, and/or fraud, and/or carelessness, lack of skill and/or for your failure to observe the laws and rules applicable and also because of default in your obligations.

Therefore, by virtue of the present, you are being formally notified that the Agency is holding you responsible for damages suffered and/or for those damages that it may suffer as a result of your actions and/or omissions and is putting you on notice for all intents and purposes at law.

This judicial letter is being made for all the purposes of Law, including but not limited to article 2128 of Cap. 16 of the Laws of Malta and this to interrupt the applicable prescription.

For your attention and guidance.

With costs of this present and interest
Registry of the Superior Courts today 18th September, 2018

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals



1478

By means of a decree of the 3rd July, 2018, in the records of the judicial letter number 1419/18 in the names Goran Herbert Johnson et vs G.A. Investments Limited, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent company G.A. Investments Limited in terms of Article 187(3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

Today 26th April, 2018

To G.A. Investments Limited (C 30940) of G.A. House, Triq Ġużeppi Xuereb ix-Xhudi, Swatar l/o Birkirkara.

By means of this present (i) Goran Herbert Johnson (Swedish passaport number 85599096) and (ii) Lum-Ling Louise Yuen (Swedish passport number 90308893) both residing Flat 14, D7 Seventeen, Triq il-Mitħna, Ħ’Attard, whilst making reference to the deed of sale dated 12th December, 2016, acts of Notary Doctor Daniela Aquilina, regarding the sale of the penthouse number 14, D7 Seventeen, Triq il-Mitħna, Ħ’Attard, as well as the garage in the same complex, and whilst making reference also to (a) the promise of sale agreement and (b) the contract of works concerning the same property, (c) the snag list presented to you and (d) the legal correspondence sent to you and/or your legal counsel, do hereby solicit you to pay the sum of €15,500 within ten (10) days from today, which sum represents the costs required to fix, repair and/or retore all of the defects, damages and shortcomings in the property sold to them as a consequence of your carelessness and unskillfulness during the construction and finishing works in the same property, as has been duly verified by Architech Charles Azzopardi in the attached report.

Furthermore, the senders are holding you responsible for all the defects and shortcomings that are present in the common parts of the apartment block D7 Seventeen and of the garage complex, which defects and shortcomings were also brought to your attention, including (but not exclusively), the fact that the tiling was not of the agreed quality (travertine), extensive damages and defects in the lift, a lack of adequate drainage in the entrance area, amongst other defects.

Should you fail to abide by the above solicitation within the prescribed time, the senders shall proceed against you without further notice.

So that you may be guided accordingly.
With costs of the present (judicial letter), as well as the legal costs and professional fees including also the fees due to the above named architect, which are hereby reserved.

Registry of the Superior Courts today 18th September, 2018

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals



1479

By means of a decree of the 12th September, 2018, by the Rent Regulation Board, in the records of the Warrant of Eviction Number 429/17 in the names (applicant) Maria Dolores Vella vs (respondent) Carmelo Bugeja the following publication was ordered for the purpose of effecting service on the respondent Carmelo Bugeja in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap 12).


By means of an application in the Rent Regulation Borg, in the names (applicants) Maria Dolores Vella (ID 305357M) vs (respondent) Carmelo Bugeja (ID 643452M) filed on the 21st March, 2018, the applicant Maria Dolores Vella requested this Board:

That the respondent was notified but did not open;

The applicant would like this warrant to be executed;

Thus, the applicant requests this Board so that that this warrant be executed by means of forced entry if the respondent will not open and the Marshall be authorised to pass on the keys of the premises to the applicant after this warrant is executed.

In the Rent Regulation Board
Magistrate
Dr Monica Vella LLD

The Board,

Saw the application;

Orders the notification to the respondent who has two days to file a reply.

Today 23rd March, 2018

Notification: Carmelo Bugeja, 24, Triq il-Mitħna, Bormla
 
Registry of the Superior Courts, today 18th September, 2018

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals



1480

By means of a decree given by the Civil Court (Family Section) on the 29th August 2018, in the records of the Application in the names Gauci Albert vs Gauci Sheila, Application number 213/18 AGV, the following publication was ordered for the purpose of service of the respondent Sheila Gauci, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, filed, in the Civil Court (Family Section) in the names Albert Gauci (ID 0570639M) vs Sheila Gauci (British passport number 241024) on the 27th April, 2018, the applicant Albert Gauci asked this Honourable Court for the reasons mentioned in the application,

1. To declare the dissolution of the marriage between the parties above and uphold the other demands in the application.

Notify Respondent; Nadan Flats, Flat 4, Triq Depiro, Tas-Sliema

The Application in the names Gauci Albert vs Gauci Sheila, Application number 213/18 AGV, has been deferred for the hearing to Wednesday, 10th October, 2018, at 9.00 a.m.

Reġistry of the Civil Courts (Family Section), today 19th September, 2018

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



1481

Whereas Joanne Agius in her name and on behalf of the minor Benjamin Wojak filed a Writ of Summons number 78/2018 (JVC) in the names ‘Joanne Agius pro et noe vs Direttur tar-Reġistru Pubbliku’ demading Corrections in the Act of Birth of Benjamin Wojak with progressive number two hundred and fourteen of the year two thousand and eighteen (214/2018)

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 (15) 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 writ of summons, of the day which will be appointed for the hearing of the case.

Registry of the Courts of Magistrates (Gozo) Superior Matter

This 22nd August, 2018

MAUREEN XUEREB
For the Registrar,  Gozo Courts and Tribunals