gov.mt

CourtNotices0709

07/09/2021

Court Notices published in Govt. Gazette No. 20,696 of 7th September 2021

​1325

 

By means of a decree given, by the Court of Appeal, on the 19th May, 2021, in the records of the Application number 181/10/1, in the names Reuben Fenech vs Francis Montebello, the following publication was ordered for the purpose of service of Nikola Borisov Kirov, Alliance Cruises Limited, James Marcus Pace as company secretary of the company Alliance Cruises Limited and Dr James Pace, in terms of Article 187(3) et sequitur of Cap. 12.

 

By means of a Reply to an Appeal, filed in the Court of Appeal, in the names Reuben Fenech (ID 465473M) and his wife Katya Fenech Pace (ID 47477M) both in their own name as well as on behalf and in the name and in the interest of their minor son … omissis … vs Francis Montebello (ID 205139M) Nikola Borisof Kirof (Passport of Bulgaria 335377920) and by decree of the 15th February, 2013, it was corrected to Nikola Borisov Kirov, Alliance Cruises Limited (C26702) Dr James Pace as Deputy curator of the vessel or rather launch 'San Carlos 11' registration 8128 and Dr Patrick Valentino and PL Mario Mifsud Bonnici as deputy curators in representation of the company Northenreef Insurance Co. SA, the interpellant Reuben Fenech (ID 465473M) and his wife Katya Fenech Pace (ID 474577M) both in their own name as well as in the name and in the interest of their son … omissis … to the appeal of Francis Montebello and contextual incidental appeal of Reuben Fenech (ID 465473M) and his wife Katya Fenech Pace (ID 47477M) both in their personal name as well as in the name and in the in the interest of their minor son … omissis … respectfully pleaded,

 

1. That by a judgement of the 16th June, 2020, in the cause in the names premised the First Hall of the Civil Court decided the cause by stating thus,

 

Declared Nichola Borisof Kirof non suited since that he was not responsible for that which happened on the 4th March, 2008,

 

Declared the company called into the cause Northernreef Insurance Co. SA, non suited since that the action in his regard is prescribed in terms of Article 2153 of Cap. 16,

 

Declares that the respondents Francis Montebello, Alliance Cruises Limited and Dr James Pace as Deputy Curator of the vessel or rather launch 'San Carlos 11' with number of registration 8128 as responsible in solidum between them for the accident which the minor … omissis … suffered at ix-Xatt ta' Tigné, Tas-Sliema, on the 4th March, 2008, when he was hit by the launch 'San Carlos II' driven by Francis Montebello and operated by Alliance Cruises Limited,

 

Liquidate the damages suffered by the applicant as a result of the incident in amount of (€2077) as regards 'damnum emergens ' and (€70,763) as regards 'lucrum cessans' which together make a total of (€72,840),

 

Condemn the respondents Francis Montebello, Alliance Cruises Limited and Dr James Pace as Deputy Curators of the vessel or rather launch 'San Carlos II' with number of registration 8128 to pay the applicants Reuben Fenech and his wife Katya Fenech Pace in their own name as well as in the name and interest of their minor son … omissis … to pay in solidum between them the sum of (€72,840) by way of damages as above established;

 

… omissis …

 

2. That on the 3rd July, 2020, the respondent Francis Montebello appealed from the said judgement of the 16th June, 2020;

3. That except for the third grievance the appeal of the said Francis Montebello is unfounded in fact and at law ands merits to be rejected with costs against the same appellant Montebello, except for the third grievance which merits to be upheld;

 

Reply to the Appeal of Francis Montebello

 

4. That in the first grievance the appellant Montebello states that the Court of First Instance did not give adequate weight to the results of the magisterial inquiry. This is not the case the Court of First Instance considered all that was relevant to the cause including the magisterial inquiry but gave also to every element of proof the adequate weight which was due to it;

 

… omissis …

 

9. That as regards the third grievance the interpellant agrees with that stated by the appellant Montebello regarding the plea of prescription given by the insurance company and namely that this should not have been upheld;

 

… omissis …

 

11. That the interpellants draw the attention of this Honourable Court that although in its major parts the judgement of the 16th judgement, 2020, is just and merits to be confirmed in so far it found fault in some of the respondents, the interpellants are complaining from the fact that the Honourable Court of First Instance declared non suited some of the respondents;

 

12. That the grievances of the interpellants are clear and manifest and consist in the following,

 

12.1 That in the first place the plaintiff appellants contend that the judgement appealed has defects as regards the partition of responsibility it is pointed out in the first place that in the operative part the Court of First Instance declared the respondent Montebello, Alliance Cruises Ltd and Dr James Pace noe responsible for the accident in solidum,

 

That an important factor in a cause regarding culpa aquiliana, what the Court of First Instance failed completely to consider is that of foreseeability of the accident,

 

… omissis …

 

Everything thus depends whether the accident was foreseeable or not for the victim in this case the victim was a small boy of two years four months and thus certainly that he could not foresee the accident,

 

However not even for the grandmother who was with him at the moment of the accident, was it foreseeable,

 

… omissis …

 

It is also noted that in cases like these one is to look at the last event in the sequence of things that cause the accident,

 

 

… omissis …

 

That in the second place the interpellants contend that the respondent Kirov also had to be held responsible and not declared non-suited. It is pointed out that both the legal referees as well as the Court observed that the launch had not been well berthed as it had been berthed too much near the quay,

 

That as regards the liquidation of the damages made by the First Court the interpellants complain of the fact that the Court of First Instance took a very low multiplier and namely a multiplier of 37 years when the person who was hurt was only two years old,

 

That in the last place the Honourable First Court declared non suited the company Alliance Cruises Ltd,

 

… omissis …

 

That thus the interpellant whilst referring to the proof produced and already produced and exhibited in the records and reserving to bring forward the proof permitted to them by law and whilst referring to all the arguments brought in the two submissions that they made before the First Court are humbly praying that this Honourable Court of Appeal to reject the appeal of the respondent Montebello and uphold the incidental appeal of the interpellants and consequently change and reform the judgement of the First Hall Civil Court of the 16th June, 2020, in the cause in the names premised as demanded in the application.

 

Notify: Nikola Borisov Kirov, Ganmar Place, Fl 46, Triq ir-Rebħa, Gżira

 

Alliance Cruises Limited, 13, Triq Abate Rigord, Ta' Xbiex

James Marcus Pace, as above stated, Shangri-La, Sir Temi Zammit Avenue, Ta' Xbiex

Dr James Pace, Shangri-La, Sir Temi Zammit Avenue, Ta' Xbiex

 

Registry of the Superior Courts (Appeals), today 2nd September, 2021

 

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

 

 

 

1326

 

By means of a decree of the 22nd January 2019 of the Civil Court First Hall, in the records of judicial letter number 7/2019, in the names Commissioner for Revenue vs David Lauri pro et noe, the following publication for the purpose of service on the respondent pro et noe was ordered in terms of Article 187 (3) et sequitur of Cap. 12.

 

In the First Hall of the Civil Court

 

Today 3rd January, 2019

 

To David Lauri (ID 164777M) in his own name and also as director for and on behalf of the company Fashion Retailers Enterprises Limited (C32325) of Flat 9, Imperial Apartments, Triq Depiro, Tas-Sliema

 

By the present the Commissioner for Revenue of Centre Point Building, Ta' Paris Road, Birkirkara, calls upon you in terms of Article 59 of Act XXIII of 1998, so that within two (2) days from the service of this act, you pay the amount of €427,507.75 representing the amount due by you pro et noe as Value Added Tax according to the same act.

 

With costs and interest according to the said Act XXIII of 1998 till the date of effective payment.

 

This calling is being made for all intents and purposes of law and particularly, but not exclusively, in order to render the executive title which the same Commissioner for Revenue has against you by means of the notice sent to you.

 

In default, the interpellant warns you that he will proceed in executing the mentioned executive title which he has against you by means of the opportune warrants.

 

So much so that you may know how to proceed and to regularise your position.

 

Registry of the Superior Courts today 3rd September, 2021

 

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

 

 

 

1327

 

Banns for Curators

 

Republic of Malta

 

To the Marshall of the Court.

By means of a decree given by this Court, on the 30th August, 2021, following a request of Advocate Doctor Luigi A Sansone as special mandatory of Biogen MA Inc it was ordered that deputy curators be chosen to represent Target Healthcare Limited, in the records of the Application 839/2021 ISB, in the names Advocate Dr Luigi A. Sansone noe vs Deputy Curators and in the other relative and subsequent acts.

 

By means of an application, filed, in the Civil Court First Hall, in the names Advocate Doctor Luigi A. Sansone, LLB (Hons) LLD (ID 258269M) as special mandatory of Biogen MA Inc, a foreign company registered in the State of Massachusetts in the United States of America and with an address of 225, Binney Street, Cambridge, Massachusetts 02142, United States of America vs Deputy Curators to represent Target Healthcare Limited, a foreign company incorporated in the United Kingdom with registration number (SC431859) and with registered address of 8 Redwood Crescent, East Kilbride, Glasgow G74 5PA, Scotland in the United Kingdom, on the 25th August, 2021, the applicant Advocate Doctor Luigi A Sansone LLB (Hons) LLD (ID 258269M) as special mandatory of Biogen MA Inc, a foreign company registered in the State of Massachusetts in the United States of America and with an address of 225, Binney Street, Cambridge, Massachusetts 02142, United States of America, requested this Honourable Court to:

 

1. Issue a prohibition – on a provisional basis – in terms of Article 8(1)(a) of Cap. 488 of the Laws of Malta, on the respondent company Target Healthcare Limited such that the said Company is restrained from continuing with any act in breach of intellectual property rights of the applicant Company in connection with its EU trade marks numbered 014092803, 015324346, 003409018, 005718259, 003123544 and 004126744 respectively, as well as its Malta-registered trademark number 24389, consisting in any actual use, as part of its busines, by the respondent Company and this under any form or appearance of these marks … omissis … related to the pharmaceutical objects which form part of the stocks in respect of which Direct Orders have been made on 19 March, 2020 (i) for the pharmaceutical products AVONEX (Negotiated Procedure for the Supply of Beta Interferon IA injections (value of the contract in euro, excluding VAT of €1,877,768.00) and (ii) of the pharmaceutical products TYSABRI (Negotiated Procedure for the Supply of Natalizumab infusion 300mg (value of the contract in euro, excluding VAT: €325,882.44) in any case bearing reference CPSU EC05/2020 as published in the page 8779 of issue number 20,489 of the Malta Government Gazette dated 29th September, 2020.

 

With all costs, including those of this application, against the respondent company Target Healthcare Limited.

Applicant noe. Advocate Doctor Luigi A. Sansone LLB (Hons) LLD (ID 258269M) as special mandatary of Biogen MA Ing, a foreign company registered in the State of Massachusetts in the United States of America and with an address of 225, Binney Street, Cambridge, Massachusetts 02142, United States of America; 84-85, Triq Melita, Valletta VLT 1120.

 

Notify the Defendants: Deputy Curators to represent Target Healthcare Limited, a foreign company incorporated in the United Kingdom with registration number (SC431859) and with registered address of 8 Redwood Crescent, East Kilbridge, Glasgow G74 5PA, Scotland in the United Kingdom.

 

Courts of Justice, Valletta (two copies)

 

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 Ian Spiteri Bailey LLD, Doctor of Laws.

 

Today 30th August, 2021

Registry of the Superior Courts, today 3rd September, 2021

 

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

 

 

 

1328

 

By means of a decree of the 3rd August, 2021, given by the First Hall of the Civil Courts, in the records of the judicial letter number 3925/2020, in the names Commissioner of Revenue vs Reuben D. Fenech, ordered the following publication for the purpose of service in terms of Article 187(3) of Cap. 12.

 

By means of a judicial letter filed in the First Hall of the Civil Courts against Reuben D. Fenech (ID 431168M) of Penthouse 12, Bridge View Court, Triq Forrest, San Ġiljan, Malta, on the 23rd November, 2020, Commissioner of Revenue of The Office of the Commissioner of Revenue, Floriana, calls upon you so that within two days you pay the sum of €425,977 balance due from a greater amount and as for €293,214 representing the tax from the income and provisional tax for the years of assessment 2000, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016 and 2017 and €132,763 as additional tax and interest according to the Notice/Demand for Payment here attached animo ritirandi and marked as Doc. A.

 

As you failed to pay the amount due the interpellant notwithstanding the request for payment (see the same Doc. A above mentioned), the interpellant warns you that if you fail to pay the amount due within the time given he will proceed for the execution of the title obtained in terms of Article 40 of the Act regarding the Tax Administration.

 

Pay the costs of this act

 

Registry of the Superior Courts today 3rd September, 2021

 

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

 

 

 

1329

 

By means of a decree on the 9th August, 2021, in the records of the judicial letter number 725/2021, in the names GasanZammit Motors Limited vs Alviro Valentin Borg Buontempo et the Courts of Magistrates (Malta) ordered the following publication for the purpose of service of the respondents Alviro Valentin and Analise spouses Borg Buontempo in terms of Article 187(3) et sequitur of Cap. 12.

 

By means of a judicial letter filed in the Courts of Magistrates (Malta) against Alviro Valentin (ID 98686M) and Analise (ID 450288M) spouses Borg Buontempo of 5, Triq San Pawl, Birkirkara, on the 30th March, 2020, GasanZammit Motors Limited (C57642) of Gasan Centre, Mrieħel By Pass, Birkirkara:

 

1. makes reference to the amount of €4, 986 on eighteen bills exchange duly accepted by you and listed in the attached list as GZML1, and which amount is due and has not been paid (copies of these bills of exchange are herewith attached and marked as document GZML 2) together with interest from the date when the aforementioned balance fell due on the bills of exchange till the effective payment; and

 

2. solicits you so that within ten (10) days from the day you are notified with this present, you pay the sum of €4, 986 representing the balance on the said bills of exchange besides the interest due by you from the aforementioned balance fell due on the bills of exchange till the effective payment.

 

In default the interpellant company will furtherly proceed against you, without further notice, and with all the means given by law including the issue of the opportune warrants.

 

This letter is being made for all the purposes and effects of law and to render the same bills of exchange an executive title in terms of Article 253(e) of Cap. 12 of the Laws of Malta.

 

By means of this present, you are informed, that in terms of Article 253(e) of Cap. 12 of the Laws of Malta, you have the right that within twenty (20) days from the date of service of this act, you will present an application to oppose the execution of these bills of exchange above mentioned on the fact that the signatures on the same do not belong to your or those of your mandatory or for other grave and valid reasons to oppose such execution according to law.

 

So much so that you may know how to regulate yourselves.

 

With costs, including this present, and with interest according to law till the date of effective payment.

 

Registry of the Courts of Magistrates (Malta), today 3rd September, 2021

 

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

 

 

 

1330

 

By means of a decree of the 24th May, 2021, of the Rent Regulation Board, in the records of the Application in the names France Portelli et vs Michelina Buttigieg, Application number 52/2021SG, the following publication was ordered for the purpose of effecting service on the respondent Michelina Buttigieg 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 France Portelli (ID 61355M), Laurence Portelli (ID 308862M), Jessie Portelli (ID 300360M), Mario Portelli (ID 0082257M), Margareth-Joe Zarb (ID 0128691M), Rittienne Zarb (ID 0064388M), Michelina Spiteri (ID 0746445M), Mario Farrugia (ID 0216950M), Joseph Farrugia (ID 0295547M), Maria Farrugia (ID 0742243M) and Giovanna Psaila (ID 038878M) vs Michelina Buttigieg (ID 0086143M), filed in the Rent Regulation Board, on the 10th March, 2021, the applicants France Portelli et requested this Honourable Board why it should not:

 

1. Order the means test of the respondent tenant according to Article 12B(3)(iii) of Cap. 158 of the Laws of Malta or as applicable on the date of the final judgment;

 

2. If the respondent tenant does not satisfy the criteria for income and capital of the means test, orders the respondent to vacate from the premises de quo within a peremptory time, with the compensation as provided in article 12B (4)of Cap. 158 of the Laws of Malta, or that applicable on the date of the final judgment;

 

3. If the respondent tenant satisfies the criteria for income and capital of the means test, orders that the rent be revised and to establish new conditions of lease, in terms of Article 12B of Cap. 158 of the Laws of Malta, or that applicable on the date of the final judgment.

 

With costs against the respondent who is from now summoned so that a reference to her oath be made, and without prejudice to any constitutional proceedings which may be instituted by the applicant to challenge the validity of Article 12 and 12B of Cap. 158 of the Laws of Malta, and to claim precuniary and non-pecuniary damages for any past, present and future infringements and any other action, which rights are being reserved.

 

Applicant: GerPawl, 1, Triq ta' Loretu, Sqaq Nru 5, Ħal Għaxaq GXQ 1363

 

 Respondent: Michelina Buttigieg, 31, Triq San Pawl, Ħal Għaxaq

Housing Authority

 

The application in the names France Portelli et vs Michelina Buttigieg, Application number 52/2021NB, has been postponed for hearing to the 24th September, 2021, at 11.00 a.m.

 

Registry of the Superior Courts, today 3rd September, 2021

 

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

 

 

 

1331

 

Banns for Curators

 

Republic of Malta

 

To the Marshall of the Court

 

By means of a decree given by this Court, on the 22nd July, 2021, following a request of the Principal Immigration Officer it was ordered that deputy curators be chosen to represent the Kumar Pranam in the records of Appeal number 13/2021, in the names Kumar Pranam vs The Principal Immigration Officer and in the other relative and subsequent acts.

By means of an Application, filed by the Principal Immigration Officer in the Court of Appeal (Inferior Jurisdiction), in the names Kumar Pranam (Indian passport number K0168383) vs the Principal Immigration Officer, on the 15th February, 2021, the applicant requested that Kumar Pranam be notified with the Notice of Hearing:

 

By means of a Notice of Hearing of the case issued from the Superior Registry Court on the 30th March, 2021, since the written pleadings have been closed in the case before the Court of Appeal between Kumar Pranam vs the Principal Immigration Officer the Court fixed the date for oral submissions for Wednesday 13th October, 2021, at 10.00 a.m.

 

You, therefore, are ordered, to give a copy to each one of the parties and to the applicant and respondent or to someone else on their behalf, according to law, summon them to apepar o the date aforementioned before the said Court, on the day when the case mentioned above is to be heard and decided.

 

Apart from this you are ordered to warn, in the same manner the applicant and the respondent above mentioned that if they remain contumacious and fail to appear at the place, time and day mentioned, the Court will proceed in their absence to give a judgment on the said application according to law, on that day or any other day, as ordered by this Court.

 

And after carrying out this order, or if you encounter any obstacles in the execution of this summons, you are to inform this Court immediately.

 

Applicant: The Principal Immigration Officer, Police Gereral Head Quarters, Triq San Kalċidonju, Floriana

 

Deputy Curators: Law Courts, Valletta

 

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 th execution of these banns, you are to inform forthwith this Court.

 

Given by the Court of Appeal, above mentioned, with the witness of the Hon. Mr Justice Lawrence Mintoff, Doctor of Laws.

Today 22nd July, 2021

 

Registry of the Superior Courts, today 3rd September, 2021

 

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

 

 

1332

 

By means of a decree of the 20th August, 2021, in the records of the judicial letter number 3024/2021, in the names Nature Trust (Malta) vs Linda Renda, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent Linda Renda in terms of Article 187(3) et sequitur of Cap. 12.

 

In the First Hall of the Civil Court

 

Today 26th July, 2021

 

To Linda Renda of Velavista C, Flat 1, Triq il-Baħħara, Qawra

 

By means of this present, Nature Trust (Malta) of Wied Għollieqa Environment Centre, Lower Level, Car Park 1, University of Malta, Msida, makes reference to the contract dated 1st October, 2020, entitled 'Tender for demolition works, the construction of an aviary, the installation of sun pipes and building monitoring sensors as part of ERDF project ERDF.05.121 – Wildlife Rehabilitation Centre – Contract Reference Number ERDF.A5.0121 – Tender 008-Lot1', which contract was entered into between Nature Trust (Malta) and you Linda Renda.

 

Nature Trust (Malta) is by this present, for all intents and purposes at Law, formally informing you that you are in breach of your contractual obligations which breach has persisted notwithstanding the various intimations to remedy and the numerous opportunities granted to regularise your position.

 

For the sake of clarity please be informed that the main breaches of your contractual obligations include the following:

 

1. Your substantial failure to perform various obligations under your contract, in particular, but not limited to:

 

a. Failure to honour the timeframes for the implementation of works – works should haven been completed within five months from last signature of contract, that is by 1st March, 2021, and, indeed, works are still far from being completed to date, more than nine months following the commencement of works,

 

b. Causing damage to parts of the structure, including the cantilever, due to lack of propping prior to the commencement of works – and, eventually, non-proper propping – and protracted delays to repair, this other damage caused;

 

2. Your failure to comply within a reasonable time with different requests given by the Architect and Civil Engineer in Charge in his capacity as Supervisor – requiring you to make good any neglect or failure to perform your obligations under the contract – in a manner which seriously affects the proper and timely performance of the works;

 

3. Your refusal or neglect to carry out administrative orders given by the Supervisor and the project management team;

 

4. Your persistent refusal, to remedy the issues raised by the Project Management, the Architect and Civil Engineer in charge, as well as the undersigned, notwithstanding the repeated opportunities that have been provided, as well as tghe repeated warnings concerning the risks you were incurring by refusing to perform the onuses due from your end.

 

Consequently, in terms of Section H of the General Conditions the contract in caption is being formally terminated which termination shall occur ipso jure and ipso facto upon the expiration of seven (7) days from the date of this letter.

 

Kindly treat this letter as formal notice of termination, also for the purposes of Article 61 of the General Conditions.

 

In accordance with Article 60.3 and Article 61.8 of the said General Conditions you are hereby being summoned on Monday, 2nd August at 10.00hrs to be present on site which the Architect and Civil Engineer in Charge, namely Perit Ruben Paul Borg, draws up “an inventory of plant and material" and make a statement of emoluments due to, and amounts owed by the contractor under the contract".

 

Without prejudice to the above, kindly be advised that the Contracting Authority is exercising its right in terms of the Contract to engage the services of a third party to execute all and any pending works and any remedial works required on the structures which were the subject matter of the Contract in caption and any additional expense resulting from the contract with a third party shall be borne by you and this in accordance with Article 60.3 of the General Conditions. Furthermore, the Contracting Authority shall be applying the terms of Article 60.5 of the General Conditions which reads as follows: “recovery of damages, disbursements or expenses resulting from the application of measures provided for in this Article shall be effected without the need for a judicial declaration, by deduction from the sums due to the Contractor, from the deposit, or by payment under the guarantee".

 

In addition to all other forms of redress which are afforded by the laws of Malta, you are hereby being notified that the following penalties established by the Special Conditions and the General Condition are being imposed:

 

1. In terms of Article 34.1 of the General Conditions, a daily penalty of 1/1000 of the contract price per day's delay up to a limit of 20% of the total contract, which till the date of termination of the contract, which penalty up to the date of this letter amount to €50,853.60 (€353.15 x 144 days);

 

2. In terms of Article 34.3 of the General Conditions, a penalty equivalent to 2% of the value of the contract in respect of every month during which progress is below standard, that is a penalty of €63,566.83 (€7062.98 x 9 months);

 

Therefore, as at date of this letter the total amount of penalties due amounts to €114,420.43.

 

Kindly be advised that the above penalties are not in lieu of damages sustained and yet to be sustained by the Contracting Authoris as a result of your breaches, directly or indirectly, for which damages you are being held liable and in relation to which appropriate action will be undertaken in due course.

 

Furthermore, the Contracting Authority is exercising its rights as result from Article 13.8 of the General Conditions which reads as follows, “The Contracting Authority shall demand payment from the (performance) guarantee of all sums for which the guarantor (Bank of Valletta) is liable under the guarantee due to the Contractor's default under the contract, in accordance with the terms of the guarantee and up to the value thereof".

 

Please be informed that in the event that the value of the performance guarantee shall not suffice to settle all the amounts due as set forth in this letter and as may result from the terms of the Contract, the Contracting Authority reserves the right to proceed accordingly to recover all and any balances which may result as being due after applying the value of the performance guarantee.

 

In relation to the pre-financing guarantee kindly be informed that the Contracting Authority shall be demanding payment of the balance of the pre-financing guarantee and this in terms of Article 44.6 of the General Conditions, which reads as follows: “if the contract is terminated for any reason whatsoever, the guarantees securing the pre-financing may be invoked immediately in order to repay the balance of the pre-financing still owed by the Contractor, the Contracting Authority shall demand payment from the balance of the pre-financing guarantee".

 

Finally, be advised that in the event that it results that any amounts are due to you in terms of the Contract, these will be set-off against amounts due by you to the Contracting Authority in terms of the Contract and any resulting balance, if any, will be paid in accordance with the terms of the contract.

 

For your better guidance

 

With costs and interest and all rights and actions to which Nature Trust (Malta) is entitled in terms of Law are being reserved.

 

Registry of the Superior Courts, today 3rd September, 2021

 

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals                       

                                                                                                                                                                          

 

1333

 

By means of a decree of the 10th August, 2021, of the Courts of Magistrates (Malta) in the records of judicial letter number 1436/2021, in the names Elmo Insurance Limited vs Francesco Antonietti et, the following publication was ordered for the purpose of effecting service on Francesco Antonietti in terms of Article 187(3) of Cap. 12.

 

In the Courts of Magistrates (Malta)

 

Today 11th June, 2021

 

To Francesco Antonietti (ID 106409A) of 146, Flat 2, Triq Santa Marija, Tas-Sliema; and

 

Atlas Insurance PCC Limited

 

By the present Elmo Insurance Limited (C 3500) of Triq Abate Rigord, Ta' Xbiex, as subrogated in the rights of its insured FM Core Condominium Administration Limited (C68910) and/or Blokrete Property Limited (C54748) in terms of the insurance policy of the type SME Insurance and according to Law, and the same FM Core Condominium Administration Limited (C68910) and/or Blokrete Property Limited (C54748), whilst making reference to the damages caused on the 14th June, 2019, in the garage complex underlying a block of apartments named Castle View Apartments, Block A, Mistra Flats inTriq Katerina Vitale, Saint Paul's Bay, owned by the interpellants FM Core Condominium Administration Limited (C-68910) and/or Blokrete Property Limited (C54748) and insured by the sender Elmo Insurance Limited, which damages ensued as a result of a fire that originated from a vehicle with registration number KBR 325 owned by you Francesco Antonietti and insured by you Atlas Insurance PCC Limited (C5601), which vehicle was at the time of the incident parked inside a garage forming part of the said garage complex, call upon you jointly and severally to pay within three (3) days the amount of €1324.46 in representation of all the damages sustained in this case as a result of carelessness and negligence on your part Francesco Antonietti.

 

The interpellants inform you that in the event that you fail to settle this amount within the period granted in your favour, they shall have no alternative but to proceed durther against you according to law.

 

So you may guide yourself accordingly and avoid unnecessary costs and procedures.

 

This letter is being filed for all effects and purposes at Law and particularly, although not exclusively, for the purpose of interruption of prescription in terms of Cap. 12 and Cap. 16 of the Laws of Malta.

 

With costs and legal interest

 

Registry of the Courts of Magistrates (Malta) today 3rd September, 2021

 

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

 

 

1334

 

By a decree of the Administrative Review Tribunal of the 20th July, 2021, in the acts of the proceedings in the names Fujisonic Co Ltd vs Director General (Value Added Tax) Application number 80/13VG, the publication and affixing of the decisory part of the judgment handed down on the 30th October, 2018, was ordered for the purpose of effecting service in terms of Article 187(3) Cap. 12 of the Laws of Malta, such as to serve as Service on Fujisonic Co. Ltd in terms of Section 2(4) of the Ninth Schedule of Cap. 406 of the Laws of Malta.

 

For these reasons the Tribunal rejects the preliminary defense of the Director General (Value Added Tax) in terms of Article 48(5) of Cap. 406 of the Laws of Malta and orders the continuation of these proceedings.

The relative costs of this particular decision are to be supported by the Commissioner of Revenue.

 

In terms of Section 2(4) of the Ninth Schedule of Cap. 406 of the Laws of Malta, the Tribunal orders that a copy of this judgment be notified to the company Fujisonic Co. Ltd.

 

The case (Application number 80/13VG) in the names Fujisonic Co. Ltd vs Director General (Value Added Tax) is being postponed for hearing for the 12th October, 2021, at 9.00 a.m.

 

Notification: Fujisonic Co. Ltd, Flat 18, Boyland Flats, Triq Għar il-Lembi, Tas-Sliema

 

Registry of the Courts of Magistrates (Malta), today 3rd September, 2021

 

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

 

 

1335

 

By a decree of the Small Claims Tribunal, of 25th June, 2021, the publication of the following banns which appears hereunder was ordered for the purpose of service in terms of Article 809 of the Code of Organisation and Civil Procedure (Cap. 12).

 

Banns for Curators

 

Republic of Malta

 

To the Court Marshall

 

By a decree given by the Courts of Magistrates (Malta) on the application of Go plc it was ordered that Deputy Curators be chosen to represent the respondent company Roni Malta Ltd in the notice number 283/2020JG and in all other relative and subsequent acts were the applicant company demanded:

 

That this Tribunial condemns the respondent company Roni Malta Ltd (C71369) to pay the applicant company the amount of €3616.14, as for the amount of €2986.92 in connection with services in account number 40665565 and as for the amount of €629.22 in connection with services in account number 40652322.

 

Solicited to pay, the respondent company remained in default and thus this law suit had to be made against the respondent company who is from now summoned so that a reference to their oath be made.

 

With costs and fees, including those in connection with the judicial letter number 2842/17 and with commercial interests according to law.

The case (Claim number 283/2020JG) is to be heard before Adjudicator Dr Joseph Gatt on the 19th October, 2021, at 12.00 p.m.

 

Notification: Roni Malta Ltd, Giotto Court, Blokk B, Flat 2, Triq Dun Karm Psaila, Msida

 

Notification: Deputy Curators

 

You are therefore ordered to post a copy of these banns in the entrance of the court and call upon whoever wishes to act as curator to appear within four days in this registry and files a note with a declaration that he is prepared to act as such.

 

You are also ordered to inform every one that if there is no such declaration within the stipulated time, this Tribunal will proceed to the selection of curators of office.

 

After so acting, or if you should encounter any difficulty in the execution of the said banns, you are to inform forthwith this Tribunal.

 

Given by the aforementioned Tribunal for Small Claims with the witness of Dr Joseph Gatt LLD , Doctor of Laws, Adjudicator of the above mentioned Tribunal.

 

Today 25th June, 2021

 

Registry of the Magistrates Court (Malta), today 3rd September, 2021

 

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

 

 

1336

 

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 1st September, 2021, and this after a written plea numbered 683/2021, Ordered:

 

The correction in the Birth Certificate of Kais Yaseen Khaled Ali Alananbeh bearing number 5355 of the year 2015 whereas the child's name is indicated as 'Kais Yaseen Khaled' and surname as 'Alananbeh' and the father's name and surname are indicated as 'Yaseen' and 'Alananbeh' respectively.

 

Court of Revision of Notarial Acts

Today, Friday, 3rd September, 2021

 

Maruska Baldacchino

Deputy Registrar, Court of Revision of Notarial Acts

 

 

 

1337

 

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 6th August, 2021, Application number 1336/2021, by Margaret Azzopardi et whereby they requested that it will be declared open in favour of Margaret Azzopardi, Giorgina known as Georgette Galea, Bernardina known as Barnardette Le Mare and Maria Dolores known as Doris Camilleri Cassar sisters of the decujus in the quota of one seventh (1/7) undivided share each one of them and in favour of Albert Cassar, Anna Murray Curtis, Anthony Joseph known as Tony Cassar, Henry Cassar, Richard Cassar, Victoria Tonna and Sean Cassar in the quota of one part of forty nine (1/49) undivided share each one of them and in favour of Louise Josephine sive Louise Cutajar and David Cutajar in the quota of one part of fourteen (1/14) undivided share each one of them and in favour of Josephine Camilleri in the quota of one seventh (1/7) undivided share all nephews and nieces of the decujus the succession of Carmelina Cassar, unmarried, daughter of the late Antonio Cassar and Giuseppa née Schembri, born in Ħal Qormi, Malta, resided in Tas-Sliema, Malta, and died in Tas-Sliema, Malta, on the 2nd October, 2020, aged 89, and who held identity card number 0800730M.

 

Wherefore, any person who believes to have an interest in the matter is hereby called upon to appear before the said Court and to bring forward his objections hereto by a minute to be filed within fifteen days from the posting of the banns and notices according to law.

 

Registry of the Civil Court, Voluntary Jurisdiction Section

 

Today 3rd September, 2021

 

Alexandra Debattista

For the Registrar, Civil Court and Tribunal

 

 

1338

 

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 25th March, 2021, Application number 471/2021, by Henry Vella, Mario Vella and Paul Vella, whereby following the application Rita Vella née Galea, widow, daughter of the late Pawlu Galea and Maria née Vella born in Mġarr on the 20th February, 1939, aged 82, and holding identity card number 166439M, was interdicted from all the acts of the civil life by means of a decree given on the 21st June, 2021.

 

Registry of the Civil Court (Voluntary Jurisdiction Section)

 

Today 3rd September, 2021

 

Alexandra Debattista

For the Registrar, Civil Court and Tribunals