Court Notices published in Govt. Gazette No. 19,950 of 16 February 2018

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Notice is hereby given that by a decree of the First Hall of the Civil Court, entered on the 1st day of February, 2018, in the records of the Sworn Application in the names BNF Bank plc previously Banif Bank (Malta) plc (C 41030) vs Comprod Group Ltd (C 28020), Sworn Application number 84/2018 JPG, it was ordered that service upon Comprod Group Ltd (C 28020), Roderick Falzon (ID 328877M), and Natasha Falzon (ID 193480M) be made by this publication as provided in Article 187(3) et sequitur of Cap. 12 of the Laws of Malta.

By means of an Application filed in the First Hall Civil Court, in the names BNF Bank plcpreviously Banif Bank (Malta) plc (C 41030) vs Comprod Group Ltd (C 28020), Roderick Falzon (ID 328877M), and Natasha Falzon (ID 193480M) on the 31st day of January, 2018, the applicant company BNF Bank plc previously Banif Bank (Malta) plc (C 41030) respectfully submitted:

That by a decree entered on the 23rd day of January, 2018, and served upon the applicant company a day after, this Honourable Court rejected the claim of the said applicant company for compensation as for the bid animo compensandi filed by it in the records of the judicial sale by auction 14/2016;

That the reasons that this Honourable Court relied its decision on, are those mentioned in the reply of the Commissioner for Revenue, hereinafter referred to as ‘the Reply’, filed on the 27th day of December, 2017, and not on the 27th day of January, 2017, as stated in the Decree;

That preliminarily, the applicant respectfully submits that the reply could never be considered valid and this because it was filed beyond the time limit set forth by the law;

… omissis …

That preliminarily and without prejudice to the foregoing, the service of the note containing the claim of payment was not made correctly;
… omissis …

That in the note of the claim for payment, the Commissioner for Revenue granted only five days for payment to be made, when the law grants thirty;

That in view of this, the Commissioner for Revenue cannot expect to get paid from the property object of the above-cited judicial sale by auction, which property belonged solely to the abovementioned Roderick Falzon;

That without prejudice to the foregoing and on the merits, the applicant company further submits: Firstly, the Commissioner for Revenue contends that the claim of the applicant company should have been rejected, on the basis of the privilege he enjoys in terms of Article 59 of the Cap. 406 of the Laws of Malta … omissis … That therefore it cannot be said that the Commissioner has the privilege referenced by him/her; 

That in addition and without prejudice to the foregoing, the Commissioner for Revenue has no right at this late stage of the judicial sale by auction, to turn on the property sold and expect to get paid from it … omissis … Secondly, the property object of the above-cited judicial sale by auction, all belonged to Roderick Falzon and not to the company Comprod Group Ltd, and the Commissioner for Revenue is expecting to get paid from this property, solely because Falzon was a director of that company and therefore a representative under the law … omissis … That in the reply the Commissioner for Revenue adduced no evidence that proves that Roderick Falzon was in bad faith or knowingly is contravening subsection (4) of Article 66 of the Chap. 406 of the Laws of Malta or any other obligation under the said Cap. 406 … omissis … That this lack of evidence also constitutes a breach of the provisions of Article 338(2) of Cap. 12 of the Laws of Malta … omissis …;

That only the Commissioner for Revenue opposed the claim for compensation of the applicant company and therefore, by the present deposit, no other obstacle remains so for the bid animo compensandi of the applicant company to be approved and thus the property object of the judicial sale by auction passes into its hands.

Consequently, and for the given reasons, the applicant company humbly asks this Honourable Court to revoke a contrario imperio its decree entered on the 23rd day of January, 2018 and instead uphold the claim for compensation as for the bid animo compensandi made by it and this under those provisions it deems fit and appropriate.


Applicant Company: BNF Bank plc previously Banif Bank (Malta) plc (C 41030)
Services: Comprod Group Ltd (C 28020), Carmel Garage, Triq l-Għollieq, Santa Venera

Roderick Falzon (ID 328877M), Alison, Flat 2, Triq l-Istampatur, Santa Venera

Natasha Falzon (ID 193480M), ‘Louis’, Misraħ San Ġużepp, Ħal Safi

The Sworn Application in the names BNF Bank plc previously Banif Bank (Malta) plc (C 41030) vs Comprod Group Ltd (C 28020), Roderick Falzon (ID 328877M), and Natasha Falzon (ID 193480M) was deferred for hearing to the 22nd day of February, 2018, at 9.15 a.m. The respondents have ten working days (10) to file a reply.

Registry of the Superior Courts

Today Thursday, 15th February, 2018

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




306

Notice, Registry of the Civil Court (Family Section)

Whereas the plaintiff Vanessa Catania (ID 94280M) filed an application under oath (No. 10/18 AL) demanding Corrections the Act of Birth of the minor Jayden Catania number 500/2017 in the Public Registry. 

Whosoever may have an interest therein, and wishes to oppose that demand, is hereby called upon to do so, by means of a note to be filed in the Registry of these Courts, within fifteen days from the day of the publication of this present notice in the Government Gazette. 

Those who, within the aforesaid time, shall have filed such note, shall be notified by the service of a copy of the said application under oath, of the day which will be appointed for the hearing of the case. 

By order of the Court

Registry of the Superior Court

This 15th February, 2018

RITA MANGION
For Registrar, Civil Courts and Tribunals