27/11/2020

Court Notices published in Govt. Gazette No. 20,529 of 27th November 2020

​1574

 

DKR 1/2020 – Temporary General Interdiction

 

It is being notified that by judgement dated 28th January, 2020, given by the Court of Magistrates (Malta) as a Court of Criminal Judicature (Magistrate Dr Nadine Lia, LLD), Paola District Sitting, in the case in the names:

 

The Police

(Inspector Hubert Cini)

 

vs

 

Maria Grazia Gravina, 59 years, daughter of Giuseppe Vassallo and Lorenza née Mifsud, born on the 4th March, 1961, residing at number 26, Juno, Triq Ġorġ Gravina, Marsaxlokk, Malta, and holder of Maltese identity card bearing number 226461M.

 

The Court Ordered the temporary general interdiction, also the interdiction to serve as a witness or as an architect, in any case and this for a period of ten (10) years starting from judgement date of the said Maria Grazia Gravina and this according to section 109 of Cap. 9 of the Laws of Malta.

 

This is being published according to section 10(7) of Cap. 9 of the Laws of Malta.

 

Today, 20th November, 2020

 

Registry of the Courts of Criminal Judicature (Malta)

 

Marvic Psaila

Deputy Registrar, Criminal Courts and Criminal Tribunals 

 

1575

 

By a Decree of the 20th November, 2020, 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 Organization and Civil Procedure (Cap. 12).

That by application and a Schedule of set-off filed contemporaneously by GasanZammit Motors Limited on the 19th November, 2020, the approval of the said judicial acts is being demanded for the amount of €11,000 following judicial sale by auction 18/20 in the names GasanZammit Motors Limited (C57642) vs Tino Borg (ID 312976M) held under the Authority of the said Court on the 18th November, 2020.

 

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.

 

Registry of the Superior Courts this Tuesday, 24th November, 2020

 

Marvic Farrugia

For the Registrar, Civil Courts and Tribunals

 

1576

 

By means of a decree of the 24th November, 2020, in the records of the judicial letter number 3715/2020 in the names Advocate Dr Peter Fenech noe vs Airbnb Ireland Inc, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent company Airbnb Ireland Inc in terms of Article 891 of Cap. 12 of the Laws of Malta.

 

In the First Hall of the Civil Court

 

Today 6th November, 2020

 

To

 

Airbnb Ireland Inc (company registered in Dublin, Ireland, with registration number D01 H104)

By means of this present Advocate Dr Peter Fenech (ID 67468M) as special mandatory of Sandra Bermingham (UK passport number GBR 529482686) residing at 5a, Camrose Place, Glenfield Auckland 0629, New Zealand, in her own name and on behalf of her minor children … omissis … and … omissis …, while making reference to the death of her husband Paul Bermingham, which occurred on the 14th January 2016 in the United Kingdom, caused by Legionella Pneumonia infection he contracted from contaminated water in the farmhouse jacuzzi located in Santa Katarina Street Alley 4, Xewkija, Gozo where he was residing between 24th December 2015 and 2nd January 2016, summons you to come forward for the liquidation of damages suffered by his wife and children as a result.

 

In the event that you fail to do so within one week from receipt of this letter, legal proceedings will be taken against you without further notification, at your own costs.

 

This letter is also being sent to interrupt presciption in terms of articles 2107 et sequitur of Cap. 16 of the Laws of malta.

 

With costs

 

For your guidance and with costs

 

Sender: 36, Triq l-Arċisqof, Valletta

 

Receiver: Airbnb Ireland UC, 25.28 North Wall Quay, Dublin 1, D01 H104, Ireland

 

Registry of the Superior Courts today 25th November, 2020

 

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

 

1577

 

By means of a decree given, by this Court, on the 16 th November, 2020, following a request of Daniela Attard, it was ordered that deputy curators be chosen to represent the interests of Robert Sauer, in the records of the Judicial Letter 110/20,in the names 'Daniela Attard vs vs Deputy Curators', and in the other relative and subsequent acts.

 

By means of a Judicial Letter , presented, in the Civil Court (Family Section) againsat Deputy Curators appointed to represent the interests of Robert Sauer, identity card number not known, residing in the address 22B, Derwent Street, Burpengary QLD, 4505, Australia, on the 11th November 2020, Daniela Attard (ID 0525284M) and residing in the premises number 96, Josephine, Flat 2, Triq Anglu Mallia, Birkirkara, is for all intents and purposes of law calling upon you so that immediately you come forward in order to do the necessary legal declarations as for the paternity of the minor … omissis …, born, on the 22nd of January, 2016, registered with the relative authorities in Malta, which minor is officially known known as one of an unknown father.

 

… omissis …

 

In case that you remain in default I inform you from now that the interpellant intends to proceed by means of a lawsuit against you so that this biological fact be established with greater costs for you.

 

So much so that you may known how to regulate yourself.

 

With costs

 

You are therefore ordered to affix an official copy of this bann 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, this Court will proceed to the selection of Curators of Office.

 

And after so acting or if you encounter any difficulty in the execution of this bann you are to inform this Court forthwith.

 

Given by the Civil Court (Family Section) above mentioned with the witness of the Hon. Madam Justice Miriam Hayman, LLD, Doctor of Laws.

 

Today 16th November, 2020

 

Registry of the Civil Courts (Family Section), today 25th November, 2020

 

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

 

 

1578

 

By means of a decree of the 28th September, 2020, of the Rent Regulation Board, in the records of the Application in the names Gaetano Attard vs Joe Micallef et, Application number 98/2020SG, the following publication was ordered for the purpose of effecting service on the respondent Joe Micallef 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 Gaetano Attard (ID 425657M) vs Joe Micallef (ID 229754M) and the Housing Authority (as Amicus Curiae) filed before the Rent Regulation Board on the 25th June, 2020, the applicant Gaetano Attard (ID 425657M) requested with respect that this Board:

 

1. Declares and decides that Joe Micallef is the tenant of the premises 56 Triq San Franġisk, Ħamrun, in terms of Cap. 158 of the Laws of Malta, that was originally given by temporary emphyteusis for a period of 17 years at the annual and temporary groundrent of Lm40 according to the emphyteutical consession of the 6th February 1973 in the records of Notary Mario Bonello;

 

2. Orders that the means test of the respondent Joe Micallef is carried out which is to be based on the means test established in the Rules of the Continuation Tenancies (Means Testing Criteria issued under Article 1531F and 1622A of the Civil Code) and any other regulations that may substitute these from time to time, which test is to be based on the income of the respondent Micallef between the 1st January and the 31st December, 2019, and on the capital of the same Micallef on the 31st December, 2019;

 

3. Declares and decides that in terms of Act XXVII of 2018, the rent has to be revised to an amount which does not exceed 2% per annum of the value free and unencumbered in the open market value of the premises 56, Triq San Franġisk, Ħamrun, and to establish new conditions regarding the rent, and in default if the respondent Micallef does not satisfy the critiria of the means test of his income and capital the respondent is given a period of five years within which to vacate the premises, besides paying a compensation to the applicant for the occupation of the premises during the said period that amount to double the rent that was paid according to Article 12 and 12 A of Cap. 158 of the Laws of Malta and this according to the current rent in terms of Act X of 2009 that cannot be considered as less than the annual rent due on the 1st January, 2019, when the same rent rises on the three years before.

 

4. Orders, that in case the respondent Joe Micallef does not satisfy the criteria of the income and capital of the means test, the eviction of the same Joe Micallef of the premises 56, Triq San Franġisk, Ħamrun, within a short and peremptory time established from this Board after five years from the judgement so that the premises will be vacant.

 

With costs against the respondent who is from now summoned so that reference to his oath be made and reserving without prejudice for any other action that may be filed.

 

Applicant: 1, Amaryllis, Triq Raffaele Caruana, Ħal Kirkop

 

Respondent notification: Joe Micallef, 56, Triq San Franġisk, Ħamrun

 

Housing Authority

 

The application in the names Gaetano Attard vs Joe Micallef et, Application number 98/2020SG, has been postponed for hearing to the 3rd December, 2020, at 11.20 a.m.

 

 Registry of the Superior Courts, today 25th November, 2020

 

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

 

1579

 

By means of a decree of the 3th September, 2020, in the records of the judicial letter number 4921/2019, in the names Victor Camilleri vs Pierre Galea et, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent company Prelude Company Limited in terms of Article 187(3) et sequitur of Cap. 12.

 

In the First Hall of the Civil Court

 

Today 12th December, 2019

 

To Pierre Galea, and

Prelude Company Limited (C18901) of 11A, Triq Matthew Callus, Mosta

 

By means of a judicial letter Victor Camilleri (ID 581757M) of 70, LinaMichelle, Triq l-Għenieqed, Ħ'Attard, makes reference to the constitution of debt deed in the records of Notary Doctor Joseph Smith La Rosa dated 4th April, 2016 (copy Doc. A) and solicits you in solidum so that within two (2) days from the date of this judicial letter you pay the amount of €28,978 representing the balance from a greater amount due by you to the interpellant according to the public deed above mentioned besides the interests from the 27th December, 2018.

 

In default further proceedings will be taken against you at your own costs without further notice.

 

This letter is being sent as well for the purposes of Article 256(2) of Cap. 12 of the Laws of Malta.

 

With costs

 

Registry of the Superior Courts, today 25th November, 2020

 

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals  

 

1580

 

By means of a decree given, by this Court, on the 2nd October, 2020, following a request of Sanja Staroviah noe, it was ordered that deputy curators be chosen to represent the absent Mikhailovich Goncharenko in the records of the Letter of Mediation 1029/20 JPG,in the names 'Sanja Staroviah noe vs Deputy Curators', and in the other relative and subsequent acts.

 

By means of a Letter, presentred, in the Civil Court (Family Section) Letter of Mediation 1029/20 JPG, on the 2nd October, 2020, Sanja Staroviah, (passport of Croatia number 201832364) as special mandatary of Jovana Mitic (Maltse residence card MT0547527) as duly authorised, premised:

 

i. That she is presently married to Ilya Mikhailovich Goncharenko (passport of the Federation of Russia number 51N6175680) and from this marriage no children were born;

 

ii. That Jovana Mitic last saw her husband in the year 2014 and knows only that at present he is not in Malta;

 

iii. That thus it is evident that the marriage irritrievably broke down and thus Jovana Mitic wishes to proceed for personal separation,

 

That by means of a decree of the Civil Court (Family Section) of the 2nd October, 2020, in the records of the letter above mentioned the interpellant was authorised to proceed for personal separation,

 

You are therefore ordered to affixc an official copy of this bann 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, this Court will proceed to the selection of Curators of Office.

 

And after so acting or if you encounter any difficulty in the execution of this bann you are to inform this Court forthwith.

 

Given by the Civil Court (Family Section) above mentioned with the witness of the Hon. Mr Justice Francesco Depasquale, LLD, Doctor of Laws.

 

Today 9th October, 2020

 

Registry of the Civil Courts (Family Section), today 25th November, 2020

 

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

 

1581

 

By means of a decree, given by the Civil Court First Hall,on the 28th September 2017, in the records of the Sworn Application in the names Borg Edwin vs Kar Wana Company Limited (C21029) et, Application number 1005/2016 FDP, the following publication was ordered for the purpose of service of the respondents William Joseph Caruana and Kar Wana Company Limited, 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 Edwin Borg (ID 150764M) as subrogated in the rights of the banking company APS Bank Limited (C2192) and as assignée of the litigious rights of the same banking company APS Bank Limited (C2192) against Kar Wana Company Limited (C21029) William Joseph Caruana (ID 309942M) and Dr Leontine Calleja LLD and PL Gillian Muscat, nominated as deputy curators to represent the vacant inheritance of the deceased Carmel sive Charles Camilleri (who had identity card number 361666M) on the 3rd November, 2016, the applicant Edwin Borg respectfully pleaded:

 

1. That by means of a Writ of Summons, presented before this Honourable Court, on the 5th March, 2004, in the names APS Bank Limited vs Karwana Company Limited et, (Writ of Summons Number 169/2004/JRM) the said banking company APS Bank Limited, for reasons there in preemised asked this Honourable Cxourt amongst other things: i) to declare the defendans in solidum between the mits debtors in the sum of seventy four thousand and forty nine Maltese Liri and forty six cents (LM 74,049.46) as therein explained, ii) condemn the same defendants in solidum between them to pay the sum between together with costs and further legal interests to run from the 31st December, 2003, till the date of effective payment, with costs;

 

2. That by a judgement given by this Honourable Court, on the 12th April, 2005, this Honourable Court decided so 'Whereas from the uncontradicted proof the demand brought forward in the writ of summons results proved. In the default of the defendants decides by upholding the demand of the plaintiff company as brought forward in the writ of summons against the defendants';

 

… omissis …

 

5.That by means of a public deed of the 6th October, 2016, of payment by subrogation and assignment of rights including, those litigious, the interpellant paid the banking company APS Bank Limited, by subrogation of rights and at the same time the banking company APS Bank Limited, assigned, ceded and transferred in favour of the interpellant all its rights including those litigious and emanating from the judgement above mentioned (Writ of Summons number 169/2004/ JRM);

 

6. That one of the defendans in the cause in the names above Carmel sive Charles Camilleri, died on the 1st April, 2009, and from the search made in the Registry of the Civil Courts (Voluntary Jurisdiction Section) he did not leave any secret will. From the search made in the Public Registry of Malta, it results that the said Carmel sive Charles Camilleri, left one will of the 15th March, 1991, where he left as universal heir his father Antonio known also as Anthony Camilleri, but the latter together with the same Carmel sive Charles Camilleri, renounced the inheritance by means of a decree of the Civil Court (Voluntary Jurisdiction Section) which bears the number 296/2009;

 

7. That for the reasons mentioned in the preceeding pararaphs the present application is also being made against deputy curators according to that provided by Articxle 259 of Cap 12 of the Laws of Malta.

 

Thus and in view of that premised the interpellant humbly prays this Honourable Court to authorise him to proceed to execute the judgement given by this Honourable Court on the 12th April, 2005, in the names APS Bank Limited vs Kar Wana Company Limited et, (Writ of Suimmons Number 169/2004 JRM) in terms of Article 259 of Cap. 12 of the Laws of Malta and this under all those provisions that this Honourable Court deems fit and opportune.

 

The Application in the names Borg Edwin vs Kar Wana Company imited (C21029) et, Application number 1005/2016 FDP, has been deferred for hearing to the 13th January, 2021, at 9.00 a.m.

 

Applicant: 1. Edwin Borg 'Għajn Virdilja', Wied il-Bużbież, il-Baħrija, limiti tar-Rabat, Malta

Respondents: 1. William Joseph Caruana, 'The Penthouse' Villa Yuani, Lapsi  Street. San Giljan.

 

2. Kar Wana Company Limited, ' The Penthouse' Villa Yuani, Lapsi, Strret, San Giljan.

 

Registry of the Superior Courts, today 25th November 2020.

 

Adv. Frank Portelli, LLD.

For the Registrar, Civil Courts and Tribunals

 

1582

 

It is hereby notified that in virtue of the powers conferred by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 23rd November, 2020, and this after a written plea numbered 963/2020, Ordered:

 

The annotation of the Act of Birth of Dean Alan Cope when he is to be registered in the Malta Public Registry so that that through the Deed Poll procedures dated 10th October, 1995, as per decree by the Magistrates' Court of Bury, United Kingdom the surname is changed from COPE into MALLIA.

Court of Revision of Notarial Acts

 

Today, Wednesday, 25th November, 2020

 

Maruska Baldacchino

Deputy Registrar, Court of Revision of Notarial Acts

 

1583

 

It is hereby notified that in virtue of the powers conferred by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 22nd November, 2020, and this after a written plea numbered 962/2020, Ordered:

 

The annotation of the Act of Birth of Janjira Srikrajib when she is to be registered in the Malta Public Registry so that the name Janjira is changed into Tanaporn.

 

Court of Revision of Notarial Acts

 

Today, Wednesday, 25th November, 2020

 

Maruska Baldacchino

Deputy Registrar, Court of Revision of Notarial Acts

 

1584

 

By a decree given on the 3rd November, 2020, 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(3) of the Code of Organisation and Civil Procedure (Cap. 12).

 

That by an application filed by Champalin Company Limited (C23032) on the 7th of March 2019 and is asking for the withdrawal of the amount of €11,700 by Champalin Company Limited (C23032) deposited by the schedules of deposit :

 

2232/18 in the names: Champalin Company Limited vs Adrian Pillow

 

325/19 in the names: Champalin Company Limited vs Adrian Pillow

 

The Court ordered the notification of this application to the counter party with a two (2) day period to reply.

 

 

Registry of the Superior Courts, today Thursday, 26th of November, 2020

 

Marvic Farrugia

For the Registrar, Civil Courts and Tribunals