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CourtNotices2112

21/12/2021

Court Notices published in Govt. Gazette No. 20,754 of 21st December 2021

​​1920

 

 

ARB/C053/2021 – VARIATION OF SEIZING AND FREEZING ORDER

 

IT IS BEING NOTIFIED that by a decree dated 4th October, 2021, given by the Criminal Court (Hon. Mister Justice Dr Aaron Bugeja, LLD). In the case:

 

The Republic of Malta

 

Versus

 

REDENT ZAMMIT;

 

MARCIA YVETTE ZAMMIT;

 

CHANTELLE ZAMMIT, works in operations, 23 years, daughter of Redent Zammit and Marcia Yvette Zammit née Cassar, born in Tal-Pietà, Malta, on the 20th July, 1998, residing at 169, St. Mary, Triq il-Merħba, Fgura, and holder of Maltese identity card bearing number 262798M.

 

ANDREW ZAMMIT;

AND

 

MARY ROSE PISCOPO.

 

The Court AUTHORISED the accused CHANTELLE ZAMMIT to make use of the bank account held by the accused ending -4998 with the Bank of Valletta plc wherein her salary is being deposited, without exceeding the annual amount of thirteen thousand nine hundred and seventy-six Euro and twenty-four cents (€13,976.24). The Court further AUTHORISED the accused CHANTELLE ZAMMIT to continue repayments of the bank loan account held in her name ending -1050 with HSBC Bank Malta plc.

 

This variation is being published in terms of Section 5 (3) of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta and Article 36 (4) of the Proceeds of Crime Act, Cap. 621 of the Laws of Malta, following a seizing and freezing order which decree was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Donatella Frendo Dimech, LLD) on the 15th July, 2021, which was published in the Government Gazette on the 20th July, 2021, where the court ordered the attachment in the hands of third parties in general of all moneys and other movable or immovable property due or pertaining or belonging to Redent Zammit, Marcia Yvette Zammit, CHANTELLE ZAMMIT, Andrew Zammit and Mary Rose Piscopo.

 

Today, 17th December, 2021

 

Acting Director, Asset Recovery Bureau

 

 

 

1921

 

ARB/C026/2019 – VARIATION OF A FREEZING ORDER

 

IT IS BEING NOTIFIED that by a decree dated 15th December, 2021, given by the Criminal Court  (Hon. Mister Justice Dr Giovanni M. Grixti, LLD). Compilation Number 236/2019, in the case:

 

The Police

(Superintendent Frank Anthony Tabone)

 

Versus

 

LEO GALEA, 43 years, son of Joseph and Maria Dolores née Agius, born in Tal-Pietà, Malta, on the 4th May, 1978, residing at 73, Bellview Fl. 2, Triq is-Sgħajtar, Mosta, and holder Maltese identity card bearing number 228778M.

 

The Court AUTHORISED the accused LEO GALEA to pay Elmo Insurance Limited (C3500) with the amount of €2,300 (two thousand and three hundred Euro) from the accused's bank account ending in –9051 held at HSBC Bank Malta plc as identified through the note submitted by Elmo Insurance Limited dated 3rd December, 2021.

 

This variation is being published in terms of Section 22A (3) of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta, following a freezing order which decree was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Natasha Galea Sciberras, LLD) on the 12th April, 2019, which was published in the Government Gazette on the 13th April, 2019, where the court ordered the attachment in the hands of third parties in general of all moneys and other movable or immovable property due or pertaining or belonging to LEO GALEA.

 

Today, 20th December, 2021

 

Acting Director, Asset Recovery Bureau

 

 

 

 

1922

 

By means of a decree given on the 16th December, 2021, in the records of the judicial letter number 3031/2021, in the names Mapfre Middlesea plc et vs John Joseph Debono, the Courts of Magistrates (Malta), ordered the following publication for the purpose of effecting service on the respondent John Joseph Debono, in terms of Article 187(3) et seq of Cap. 12 of the Laws of Malta.

 

In the Courts of Magistrates (Malta)

 

Today 24th November, 2021

 

To John Joseph Debono (ID 0076089M), ta' 164, Triq Fisher, Mġarr

 

By means of the present Mapfre Middlesea plc (C5553) and Laferla Insurance Agency Limited of 204A, Vincenti Buildings, Triq l-Ifran, Valletta VLT 1453, and as agents of the same company Mapfre Middlesea plc, makes reference to the road accident occured of the 29th November, 2019, in Triq Mons Alfredo Mifsud, St Paul's Bay, whilst you were driving the vehicle MPC 0044, property of the company Pool Construction and Supplies Limited, lost control of the said vehicle and collided and caused damages to several vehicles, amongst them the vehicles with registration number LQZ 889, the vehicle with registration number LDD 821 and vehicle with registration number FCR 738. You are being solicited so that by not later than one week from now you pay or reimburse the damages suffered by the interpellants.

 

That so far the interpellants have compensated for the damages suffered by the vehicle with registration number LQZ 889 in the amount of €13,380.00 and this was done in compliance with the provisions of Cap. 104 of the Laws of Malta.

The interpellants inform you that the insurance policy number P17053191 issued on the vehicle with registration number MPC 004 does not cover the said accident inter alia as you was driving under the influence of alcohol.

 

That this judicial letter is being made only for the reimbursement of those damages specifically mentioned and therefore in reserve of those other damages that may be forced to pay in the future due to your driving.

 

So much so that you may know how to proceed

 

With costs

 

Registry of the Court of Magistrates (Malta), today 20th December, 2021

 

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

 

 

 

1923

 

By means of a decree of the 17th of December, 2021, given on an application of Maria Spiteri and Karol Spiteri, filed on the 10th of December, 2021, in the records of application number 102/2021BS wherein it was ordered the publication of the inventory of the estate of the late Joseph Spiteri (ID 303259M), married to Maria Genesia sive Marnese née Camilleri, was son of the late Francis Spiteri and Carmela Spiteri née Zammit, born in Tal-Pietà, Malta, and died in Rabat, Gozo, on the 10th of July, 2021, aged 62 years.

 

This publication is going to be held on Tuesday the 11th of January, 2022, at 11.00am at Ta' Mliet Court, Suite 2, Triq Ġorġ Borg Olivier, Victoria, Gozo, under the ministry of Notary Doctor Anna Maria Mizzi.

 

Registry of the Civil Court (Voluntary Jurisdiction Section)

 

Today the 17th day of December, 2021

 

Dorianne Cordina

For the Registrar, Civil Court and Tribunals

 

 

1924

 

By means of a decree of the 22nd September, 2021, of the Civil Court, First Hall, in the records of judicial letter number 2806/2021, in the names Commissioner for Revenue vs Nunzio Antignani et, the following publication for the purpose of service on the respondents Nunzio Antigiani and Talocan Limited was ordered in terms of Article 187 (3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

 

Today 12th July, 2021

 

To Nunzio Antignani (Italian passport Number YA 0946218) of 25, Garden View Complex, Flat 5, Triq il-Knsija, San Ġiljan

  Talocan Limited (C51275) of 23A, Taurus Centre, Triq il-Wied, Birkirkara

 

By the present the Commissioner for Revenue of Block 5, Triq Vincenzo Dimech, Floriana, 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 €50,081.15 representing the amount due by you as Value Added Tax according to the same Act for the period between the 1st September, 2015 and 30th June, 2017, in which period you Nunzio Antignani was director of Talocan Limited.

 

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

 

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

 

In default, the interpellant informs you that he shall pass to execute the said executive title he has against you by means of the opportune warrants.

 

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

 

Registry of the Superior Courts today 24th December, 2021

 

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

 

 

1925

 

By means of a decree of the 9th August, 2021, in the records of the judicial letter number 3732/2020, in the names Windmill Services Limited vs Interfinance Limited, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent company Interfinance Limited in terms of Article 187(3) et sequitur of Cap. 12.

 

In the First Hall of the Civil Court

 

Today 9th November, 2020

 

To: Interfinance Limited (C45421) of Office Suite 1, 1st Floor, 78, Swieqi Road, Swieqi SWQ 3412

 

By means of this present Windmill Services Limited (C72144) of MRA 053, Marsa Industrial Estate, Marsa, formally solicits you so that within seven (7) days from the date of notification of this judicial letter, you carry out the work of installing the panels, as stipulated in the contract between you dated 1st December, 2017.

 

The interpellant company warns you that if the above time lapses without your complying with the above, it will proceed according to law by filing a lawsuit and the appropriate warrants, without any further notice, where you will be held liable for the damages that she is suffering from your default as well as for paying for storage.

 

So much for your own guidance

 

With costs

 

Registry of the Superior Courts today 17th December, 2021

 

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals                                                                                                                                                                                                  

 

 

 

1926

 

Banns for Curators

 

Republic of Malta

 

To the Executive Officer (Courts of Magistrates) Gozo

 

It is hereby notified that by a decree dated 14th December, 2021, the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, ordered the publication of the extract reproduced hereunder for the purpose of service in terms of sections 187(3) and 931(3) of the Code of Organisation and Civil Procedure.

 

By decree given by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section on the 14th December, 2021, in the acts of the Official Letter bearing number 523/2021 of 'Spiridiona sive Diana Camilleri et of 78, Republic Street, Victoria, Gozo, holder of identity card number 353460M, humbly requests:

 

They are calling on you for all intents and purposes of law to carry out, within one week from the date of this letter, all the necessary works in order to eliminate and avoid any possibility of damage to their property in the number eighty (80), Republic Street, Victoria, from the premises owned by you or in your possession or by any of you at number 79 (seventy-nine) Republic Street, Victoria – which property is in part overlying the property of senders.

 

This damage is being caused by the fact that the property in your possession has been abandoned and no maintenance has been carried out on it for decades so much that its roofs have fallen or are falling into the senders' property, with the consequence that the senders' have been forced to desist from using their property disuse due to the danger to all persons and the property who and which may be in it from time to time.

 

Senders remind you Maurice Borg that by virtue of a judgment given by the Court of Magistrates (Gozo) Criminal Judiciary on 27 February, 2020, you have been found guilty of failing to take care of premises 79, Republic Street, Victoria, and thus created a danger to the public, in particular the senders. Yu were fined one thousand euro (€ 1,000) and given time to repair the damage.

 

Failing which the senders will be compelled to proceed judicially against you or any of you.

 

All this so that you know how to direct yourselves and avoid unnecessary further costs.

 

With costs, and without prejudice to any further right of action pertaining to the senders in particular their right to damages and loss of earnings as a result of the loss of the possibility of using their property.

 

You, the executive officer of the Court of Magistrates (Gozo), are therefore ordered to affix an official copy of these banns at the entrance of this Court, and to summon whosoever would like to act as curator to appear in this Registry within six (6) days, and by means of a minute to submit a declaration that they would like to so act.

 

You are also ordered to inform each and every one that if they fail to make this declaration within the stipulated time, the Court will proceed with the selection of official curators. And after so doing, or if you should encounter any difficulty in the execution of these banns, you are to forthwith inform this Court.

 

Issued by the aforementioned Court of Magistrates (Gozo) Superior Jurisdiction, General Section under the signature of Magistrate Dr Simone Grech, LLD, M. Jur., (Eur. Law), Magistrate of the said Court.

 

This 14th December, 2021

 

Registry of the Court of Magistrates (Gozo)

 

Superior Jurisdiction, General Section

 

Silvio Xerri

For the Registrar, Gozo Courts and Tribunals

 

 

 

1927

 

By means of a decree of the 5th November, 2021, of the Rent Regulation Board, in the records of the Application in the names Alfred Galea vs Raymond Deguara, Application number 614/2021NB, the following publication was ordered for the purpose of effecting service on the respondent Raymond Deguara 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 Alfred Galea (ID 694941M) vs Raymond Deguara (ID 652359M) filed in the Rent Regulation Board, on the 3rd September, 2021, the applicant Alfred Galea requested this Honourable Board to:

 

1. Order that the means test of the respondent be carried out which shall be based on the means test set out in the Rules of the Continuation Tenancies (Criteria of the Means Test) issued under Article 1531F and 1622A of the Civil Code and any regulations which may replace them from time to time, which test shall be based on the income of the lessee between 1st January and 31st December, 2020, and on the capital of the same respondent on the 31st December, 2020; and

 

2. In case the respondent does not satisfy the said criteria of the income and capital of the means test, to grant the respondent two years to vacate from the premises 9, Triq Cuschieri, Gżira and to pay compensation to the respondent for the occupation of the premises during the period established by this Honourable Board and consequently order the eviction from two years of the judgement; or

 

3. In case the respondent does not satisfy the criteria of the income and capital of the means test, it orders that the rent payable by him with effect from 1st June, 2021, be revised to that amount which the law limits up to two per cent of the free and open market value of the property from the 1st January, 2021, and subject to revision according to law.

 

With costs and reserving without prejudice to any complaint of a constitutional nature and breach of fundamental human rights which the applicants have or may have as a result of Cap. 69 of the Laws of Malta and also Act XXIV of 2021.

 

 

Applicant: Rhapsody 61, St Joseph Street, San Ġwann SGN 2025

 

Notification respondent: 9, Triq Cuschieri, Gżira

 

Housing Authority

The application in the names Alfred Galea vs Raymond Deguara, Application number 614/2021NB, has been postponed for hearing to the 10th January, 2022, at 9.10 a.m.

 

Registry of the Superior Courts, today 17th December, 2021

 

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

 

 

1928

 

By means of a decree of the 28th September, 2021, of the Rent Regulation Board, in the records of the Application in the names Joseph Gatt vs Josephine Bonnici, Application number 367/2021CG, the following publication was ordered for the purpose of effecting service on the respondent Josephine Bonnici 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 Joseph Gatt (ID 395763M) vs Josephine Bonnici (ID 795959M) filed before the Rent Regulation Board, on the 21st July, 2021, the applicant Joseph Gatt requested with respect that this Honourable Board:

 

1.  Declare and decide that the lease that the respondent Josephine Bonnici used to enjoy regarding the premises 101, Triq William Reid, Gżira, definitively terminates on the 16th November, 2021;

 

2. Consequently orders the respondent to vacate from the said premises and leave it vacant and in good condition in favour of the applicant.

 

With costs against the respondent who is from now summoned so that a reference to her oath be made.

 

Applicant: Joseph Gatt, 15, Muxi Square, Ħaż-Żebbuġ, Malta

 

Respondent: Josephine Bonnici, 101, Triq William Reid, Gżira

 

The application in the names Joseph Gatt vs Josephine Bonnici, Application number 367/2021CG, has been postponed for hearing to the 13th January, 2022, at 9.00 a.m.

 

Registry of the Superior Courts, today 17th December, 2021

 

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

 

 

1929

 

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 26th November, 2021, Application number 2085/2021, by Carmen Montebello et whereby they requested that the succession of Anthony Montebello, husband of Carmen Montebello, son of the late George Montebello and Maria Dolores sive Doris née Ellul, born in Valletta, Malta, resided in Msida, Malta, and died in Valletta, Malta, on the 26th September, 1987, aged 43, and who held identity card number 638943M be declared open in favour of Christian Montebello and Gabriella Montebello, children of the decujus in the quota of one half (1/2) undivided share each one of them which inheritance is subject to the right of usufruct by Carmen Montebello on one half (1/2) undivided share from the assets of the deceased.

 

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 17th December, 2021

 

Alexandra Debattista

For the Registrar, Civil Court and Tribunals

 

 

1930

 

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 4th October, 2021, Application number 1664/2021, by Vincent Carabott et whereby they requested that it will be declared open in favour of Vincent Carabott, brother of the decujus in the quota of one fourth (1/4) undivided share; in favour of Rose Micallef and Joseph Carabott children of the late Carmelo Carabott in the quota of one fourth (1/4) undivided share between them; in favour of Vincent Carabott, Carmel Carabott and Maria Scicluna children of the late Salvu Carabott and per stripes in favour of Daniela Carabott Pawley and Sarah Ogle children of the late Angelo Carabott the latter son of Salvu Carabott in the quota of one fourth (1/4) undivided share between them and in favour of Rosemary Vincenza Evangelista Harris, Doris Ann Bull, Eileen Elisabeth Attwood, Roderick William Joseph Taylor, Steven Michael Taylor, Arthur Joseph Vincent Taylor, Harry Thomas Taylor and Vinchanze Margaret Dean children of the late Mary Taylor in the quota of one fourth (1/4) undivided share between them the succession of John Mary Carabott, bachelor, son of the late Vincent Carabott and Carmela née Cassar, born in Marsaxlokk, Malta, resided in Marsaxlokk, Malta, and died in Msida, Malta, on the 30th December, 2019, aged 82, and who held identity card number 0248137M.

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 17th December, 2021

 

Alexandra Debattista

For the Registrar, Civil Court and Tribunals

 

 

1931

 

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 26th October, 2021, Application number 2074/2021, by Shirley Grech whereby they requested that it will be declared open in favour of Antonia Barbara mother of the decujus and Shirley Grech, sister of the decujus in the quota of one half (1/2) undivided share each one of them the succession of Robert Barbara, bachelor, son of unknown father and Antonia Barbara née Barbara, born in Victoria, Gozo, Malta, resided in Ħal Tarxien, Malta, and died in Msida, Malta, on the 3rd August, 2021, aged 56, and who held identity card number 17965G.

 

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 17th December, 2021

 

Alexandra Debattista

For the Registrar, Civil Court and Tribunals

 

 

1932

 

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 6th July, 2021, Application number 1120/2021, by Maruska Grech, whereby following the application Roberto Spiteri, born on the 22nd June, 1930, in Tas-Sliema, and holding identity card number 0449730M, was interdicted from all the acts of the civil life by means of a decree given on the 11th October, 2021.

 

Registry of the Civil Court (Voluntary Jurisdiction Section)

Today 17th December, 2021

 

Alexandra Debattista

For the Registrar, Civil Court and Tribunals

 

 

1933

 

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 9th July, 2021, Application number 1160/2021, by Carmen Muscat and Rita Farrugia, whereby following the application Rosaria Sultana born on the 29th October, 1930, in Birkarara, and residing at Roseville, Ħ'Attard, and holding identity card number 721230M, was interdicted from all the acts of the civil life by means of a decree given on the 11th October, 2021.

 

Registry of the Civil Court (Voluntary Jurisdiction Section)

 

Today 17th December, 2021

 

Alexandra Debattista

For the Registrar, Civil Court and Tribunals

 

 

1934

 

By a decree of the Small Claims Tribunal of the 4th August, 2021, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).

 

GasanMamo Insurance Limited (C3143) as subrogated in the rights of its insured Sandro Spiteri both by policy and by law and the same Sandro Spiteri (ID 652382M) of Triq l-Imsida, Gżira, filed a Claim on the 25th June, 2021, whereby they asked the Tribunal to condemn Mousaab Abdul Ghany (ID 156309A) of 69, Triq Sant'Antnin, Ħamrun, to pay the plaintiff company the sum of €1,227.49, which amount is due to the plaintiff company.

 

With costs and legal interests

 

The case (Claim number 192/2021SFJ) is deferred on the 18th January, 2022, at 12.30 p.m.

 

Registry of the Courts of Magistrates (Malta), today 17th December, 2021

 

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

 

 

 

1935

 

By a decree of the Small Claims Tribunal of the 11th August, 2021, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

 

Kenneth Pullicino (ID 497571M) carrying on trade Kenneth Hardware Store of 54, Triq Castaldi, Ħaż-Żabbar, filed a Claim on the 30th June, 2021, whereby he asked the Tribunal to condemn Paul Farrugia (ID 525566M) of 26, Como Triq Parades, St Paul's Bay, to pay the plaintiff the sum of €3428.92, which amount is due to the plaintiff.

 

 

With costs and interests

 

The case (Claim number 194/2021JG) is deferred on the 13th January, 2022, at 12.30 p.m.

 

Registry of the Courts of Magistrates (Malta), today 17th December, 2021

 

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

 

 

 

1936

 

By a decree of the Court of Magistrates (Malta) of the 21st October, 2021, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

 

Deloitte Audit Limited (C 51312) of Deloitte Place, Triq l-Intornjatur, Zone 3, Central Business District, Birkirkara CBD 3050 filed a claim on the 21st July 2021, whereby the plaintiff company asked the Court to condemn Horus Malta Limited (C 72242) of 84, Triq san Kristofru, Valletta, to pay the plaintiff company the sum of €11,416.50, which amount is due to the plaintiff company.

 

With costs and interests

 

The case (Notice number 209/2021RM) is deferred to the 17th January, 2022, at 9.00 a.m.

 

Registry of the Courts of Magistrates (Malta), today 17th December, 2021

 

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

 

 

 

1937

 

By means of a decree given by the Court of Appeal, on the 2nd November, 2021, in the records of the Application in the names HSBC Bank Malta plc vs the Director General for Value Added Tax et, Application nNumber 1080/2013/1, the following publication was ordered for the purpose of service of the respondent Jason Sammut, in terms of Article 187(3) et sequitur of Cap. 12.

 

By means of an Application, presented in the Court of Appeal, Sworn Application number 1080/2013/1, in the names HSBC Bank Malta plc vs the Director General for Value Added Tax and Deputy Curators in order to represent the absent Jason Sammut and by decree of the 12th February, 2014, Advocate Dr Anthony Cutajar, LLD, and Legal Procurator Noel Scerri were appointed to represent the absent Joseph Sammut and by decree of the 28th October, 2015, Dr A. Cutajar and PL Scerri were removed from the cause, saving all that due to them as Deputy Curators according to law, on the 7th November, 2016, the applicant Commissioner for Revenue previously Director General for Value Tax respectfully pleaded:

 

That this is an appeal from a judgement of the Honourable Civil Court First Hall of the 17th October, 2016;

 

Facts

 

That in his Sworn Application of the 11th November 2013, the plaintiff HSBC Bank Malta p.l.c. premised that it was ' a creditor of Jason Sammut (identity card number 478074M) which credit resulted from a contract of loan in the records of Notary Ian Castaldi Paris, of the 11th September 2006 and which loan was secured by the registration of a special privilege and special hypothec number 1 16626/2006;

 

That Jason Sammut is a director of the company Flower Power (Sales) Limited (C13901) and this same company results to have been a debtor of the Director General (for Value Added Tax) in the sum of one hundred ninety thousand one hundred fifty nine euro (€190,159.00) as results from a judicial letter of the 2nd July, 2010;

 

That later the Director General proceeded by enrolling a special privilege number 10820/2010, dated 26th July, 2010, on the property belonging to the said Jason Sammut and namely the apartment number eight (8) in the block 'High Clere Court' in Triq Raddet ir-Roti, Xemxija, limits of San Pawl il-Baħar;

 

That this privilege was enrolled in terms of Article 62 of Cap 406 of the Laws of Malta which provides;

 

… omissis …

 

That as already has been proved before the First Hall, the appartment above mentioned and which belongs to Jason Sammit never formed part of his economic activity;

 That the plaintiff Bank had an interest to contest the validity of the enrolment of this special privilege on the property in question as this can prejudice the ranking of the credit of the plaintiff Bank;

 

That in the light of the facts exposed the plaintiff company asked the First Hall Civil Court to decide that the said registration of the privilege is null and without effect according to law,

 

… omissis …

 

That the appellant feels the néed to clarify that Article 62 of Cap 406 of Cap 406 of the Laws of Malta gives the interpellaqnt a privilege on the assets forming part of the economic activity of the person regarding every tax due by that person under Cap. 406 of the Laws of Malta;

 

… omissis …

 

Decision of the First Court

 

That the Honourable First Court in its judgement decided by whilst rejecting all the pleas of the respondent it upheld the demands of the applicant company and declared the registration of the special privilege number 10820/2010, dated 16th July 2010, on the property belonging to the said Jason Sammut is null and without effect according to law;

 

That the applicant Commissioner for Revenue, felt aggrieved with the judgement of the First Court since it is a manifestly a wrong application of the law and manifestly contradictory;

 

That the grievances of the appellant Commissioner for Revenue are clear and manifest and consist in the following,

 

1. That the Honourable First Court was not correct when it decided to reject all the pleas of the appellant and upheld the plaintiff's claim and namely declared that the note of registration of the special privilege number 10820/2010 is null and without effect accordin g to law,

 

2. That the appellant is aggrieved also as in the judgement appealed the Honourable First Court ignored and avoided completely Article 66 of Cap. 406 of the Laws of Malta which burdens the persons thererin list with responsibility in solidum with the legal person which they are representing,

 

… omissis …

 

8.That Honourable First Court in its decision considered that the tax is not due by Sammut personally but by the company Flower Power (Sales) Limited and this since it was the company Flower Power (Sales) Limited which carried out the economic activity in question,

 

… omissis …

 

9. That it is not necessary that the appellant proves that the premises on which the enrolment was made forms part of the economic activity of Sammut if this version is upheld it will mean that Article 66(5) is being rendered useless.

 

 

It is respectfully stated that the Honourable First Court had to join and apply Articles 62 and 66 ,together for the case de quo and not look at them separately.

 

Thus, the interpellant whilst refering to all the records of the cause and reserving to bring all the evidence and all the proof admissible and make all the observations and submissions it deems opportune respectfully prays this Honourable Court of Appeal, to cancel, revoke and annull the judgement given on the 17th October, 2016, in the names premised and uphold this humble appeal by rejecting the demands of the plaintiff company and declare that the registration of the special privilege is valid and according to law.

 

With costs of both instances against the respondent company.

 

Whereas the procedures in writing in the cause before the Court of Appeal between HSBC Bank Malta plc vs the Director General for Value Added Tax and Deputy Curators to represent the absent Jason Sammut and by decree of the 12th February, 2014, Advocate Dr Anthony Cutajar, LLD, and Legal Procurator Noel Scerri, were appointed to represent the absent Joseph Sammut and by decree of the 28th October, 2015, Dr A. Cutajar and PL Scerri were removed, saving all that due to them Deputy Curators according to Law, the Court, fixed the hearing of this cause on Tuesday the second (2) of November, 2021, at 9.00 a.m., and deferred to the 23rd November, 2021, at 9.00 a.m., and deferred the 25th January, 2022, at 8.40 a.m.

 

Notify Respondent: Jason Sammut, 94, Flat 1, Triq Marsalforn, Xagħra, Gozo

 

Registry of the Superior Courts (Appeals), today 20th December, 2021

 

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals