Issue link: https://maltatoday.uberflip.com/i/1538544
11 maltatoday | SUNDAY • 17 AUGUST 2025 OPINION COURT NOTICE The Registrar, Civil Courts and Tribunals notifies that the First Hall of the Civil Court ordered the sale by Judicial Auction of the following property to be held in room numbered 78, nearby the Courts Archives, Level -1, Courts of Justice, Republic Street, Valletta. Date Time Judicial Sale No Property 04 th September, 2025 10.30am 13/21 – AZ Falliment ta' Jonathan Pace Vs X The apartment internally marked number 1 is situated on ground floor and forming part of a block named "Waveline" in Triq il- Knisja fix-Xagħjra, Ħaż-Żabbar valued at €170,000; The apartment internally marked number 2 is situated on the first floor and forming part of a block named "Waveline" in Triq il- Knisja fix-Xagħjra, Ħaż-Żabbar valued at €180,800; The apartment internally market number 3 is situated on the second floor and forming part of a block named "Waveline" in Triq il- Knisja fix-Xagħjra, Ħaż-Żabbar valued at €180,800; Penthouse internally marked number 4 situated on the fourth floor and forming part of a block named "Waveline" in Triq il- Knisja fix-Xagħjra, Ħaż-Żabbar with its own free airspace valued at €149,600; The apartment number 1 enjoys and is subject to those servitudes resulting from its relative position within the block which include among others the passage of water pipes, drainage and also the services that are in common with the overlying properties as well as the right of guarantee use, uninterrupted and in perpetual transferable to third parties 'ad infintum' of all the parts intended for common use and which right of use is enjoyed in common with the other apartments in the block with right of access to the roof only limited to install and maintenance of a water tank of no more than 500lt on the highest roof of the block and for the installation and maintenance of a common satellite dish and this as described in the acts of Notary Reuben Debono of the 11.06.2009. With apartments numbers 2 and 3 and the penthouse includes all the common parts in the block and are subject to those servitudes arises from their relative position within the same block which include among others the passage of water pipes, drainage and also the services that are common with the overlying and underlying properties and this as described in the acts of Notary Reuben Debono of the 21.03.11. Maisonette on the ground floor numbered 4 named 'Shelik' forming part of a complex named 'Eureka' without its airspace and which complex is situated in f'Misraħ Karmenu Grima before known as Triq it- Tagħlim, Żejtun, forming part from a land named is-Saliba or Mastru Gidelu or Mastru Galutin bounded on the East by the street (Misraħ Karmenu Grima, previously known as Triq it-Tagħlim) free and unencumbered and subject for those servitudes resulting from its position which include among others the passage of pipes and services to serve the overlying and underlying property and with the right of use in perpetual and uninterrupted to install water tank of no more than 500 lt on the highest roof of the block and install and maintenance of common satellite dish and this as described in the acts of Notary Joseph Smith La Rosa of the 14.05.2008 valued at €245,000; Corner shop on the ground floor level named "Tyson Butcher" and numbered 15 in Kanonku Giovanni De Domenico, Żejtun, without its airspace, subject to servitudes resulting from its position underlying third party property which includes common drains and drainage system, the rest is free and unencumbered with its right and appurtenances as described in the acts of Notary Vanessa Buttigieg of 17.09.2009 valued at €230,000. 09 th September, 2025 10.30am 60/22 – AZ HSBC Bank Malta p.l.c. (C 3177) Vs Hynes David Owen (Passport Number PA4359237) et The penthouse with its airspace, numbered 7 situated on the third floor level of a block unname but numbered 4 which forms part of a larger unnumbered complex, named Fontanella Gardens, in Triq il-Kappillan Joseph Hili, Fontana, Gozo, that is accessible from a common area of stairs and lift overlooking the front terrace of the penthouse, including the relative share from Triq Hal Warda. The block that the apartment forms part of is bounded on the North and South by property of Property Exchange Limited or its successors in title, and on the East by a private street that abuts onto Triq Hal Warda, Attard, and is valued at five hundred and twenty thousand Euro (€520,000). The lock up garage, unofficially marked number twenty three (23), presently used as a store, situated in a garage complex at the underground level, underlying the same block which the apartment number 7 forms part of, which garage complex has its main entrance abutting onto Triq Xatbet l-Art, Attard. The said garage is bounded from the North, South, East and West with property of Property Exchange Limited or its successors in title and includes the right of use of the common parts of the garage complex including the main entrance, ramps, staircase and stairwell, driveways, and all other services installations, plant, equipment and the electrical system and meters which are principally intended for the common use of benefit of the lock up garages situated in the garage complex, with a window servitude (high level window) that overlooks onto the ramp that leads from the complex of garages onto Triq Xatbet l-Art and is valued at seventy thousand euro (€70,000). The apartment and garage forms part of a block unofficially marked letter A, Hal Warda Residencies, in Triq Hal Warda, Attard and are subject to and benefit from those servitudes resulting by natural way from their respective position overlying and underlying third party properties, and enjoys the right of use of the common parts of the complex, free and unencumbered, as described in the acts of Notary Tonio Cauchi dated twenty third of August, of the year two thousand and twelve (23.08.2012). Further details can be obtained from the website: https://ecourts.gov.mt/onlineservices/JudicialSales The bidders taking part in the auction must present their identity card Gaetana Aquilina For the Registrar of Civil Courts and Tribunals title, and East with property of the Dominican Fathers or their successors in title, and as described in the acts of Notary Edward Flores dated 19.05.2003 and which presently is occupied by third parties and is valued at €169,000. 25 th September, 2025 12.00pm 13/25 – AZ Aquilina Nolan (ID 181877M) et Vs Aquilina Mario (ID 372083M) The annual and temporary sub ground rent of the remaining original emphyteutical concession of 150 years that commenced on the 09th November of the year 1963, and which concession expires on the 08th November of the year 2113 of the boathouse situated by the sea shore and on ground floor level, including its airspace and its subterrain, with number 118, in Triq ix-Xatt ta' Santa Marija, in Santa Marija Estate, Wied il-Ghajn taz-Zejtuna, Mellieha, with residential and storage use, measuring circa 32 metre square, and is situated in the zone that the North West Local Plan classifies as a zone where existing beachrooms are situated outside the development zone and is bounded South West and North East with property of the society Central Mediterranean Development Corporation Limited or Cem Med Limited and/or their successors in title and North West with an open area known as x-Xatt ta' Santa Marija or other correct boundaries, subject to the usufruct right in favour of third parties and is valued at €155,000. This sub ground rent of Eur 11.65 reviews itself after one hundred years from the 09th November of the year 1963 and this in terms of the original concession and should be calculated according to Clause 2 Sub article 5 of the original concession in the acts of Notary Paul Pullicino of the 09th November of the year 1963. 30 th September, 2025 11.00am 7/19 – AZ Cutajar Peter Paul (ID 195660M) u fuq talba ta' Gauci Noel (KI 218071M) Vs Carabott Rosario (ID 678946M) et The apartment internally marked number seven (7), on the third floor level of the block unofficially marked letter "A", "Hal Warda Residencies", Triq Hal Warda, Attard, which apartment previously consisted of two independent units, which were merged and today consists of one apartment, with its roof and overlying airspace of the same block and with its right to use the common parts of the block, with all its rights and appurtenances, including any rights and interests of the debtors, with a facade over a private road that abuts onto Triq Hal Warda. The block that the apartment forms part of is bounded on the North and South by property of Property Exchange Limited or its successors in title, and on the East by a private street that abuts onto Triq Hal Warda, Attard, and is valued at five hundred and twenty thousand Euro (€520,000). The lock up garage, unofficially marked number twenty three (23), presently used as a store, situated in a garage complex at the underground level, underlying the same block which the apartment number 7 forms part of, which garage complex has its main entrance abutting onto Triq Xatbet l-Art, Attard. The said garage is bounded from the North, South, East and West with property of Property Exchange Limited or its successors in title and includes the right of use of the common parts of the garage complex including the main entrance, ramps, staircase and stairwell, driveways, and all other services installations, plant, equipment and the electrical system and meters which are principally intended for the common use of benefit of the lock up garages situated in the garage complex, with a window servitude (high level window) that overlooks onto the ramp that leads from the complex of garages onto Triq Xatbet l-Art and is valued at seventy thousand euro (€70,000). The apartment and garage forms part of a block unofficially marked letter A, Hal Warda Residencies, in Triq Hal Warda, Attard and are subject to and benefit from those servitudes resulting by natural way from their respective position overlying and underlying third party properties, and enjoys the right of use of the common parts of the complex, free and unencumbered, as described in the acts of Notary Tonio Cauchi dated twenty third of August, of the year two thousand and twelve (23.08.2012). Further details can be obtained from the website: https://ecourts.gov.mt/onlineservices/JudicialSales The bidders taking part in the auction must present their identity card Gaetana Aquilina For the Registrar of Civil Courts and Tribunals Adrian Delia Dismantling Malta's environment and democracy: Full steam ahead PN leadership candidate CONVENIENTLY, in the midst of the sum- mer lull, Planning Minister Clint Camilleri deemed it timely and appropriate to present Bill Number 143 to amend the Development Planning Act, while Minister Jonathan Attard presented Bill 144 to overhaul the law on the Environment and Planning Review Tribunal (EPRT). These bills created a furore among the rele- vant stakeholders and the public. Like them, I believe that these bills are anti-democratic and will lead to dangerous precedents. The right to information of the citizens and the obligation of the Planning Authority to make information about applications and per- mits public will be limited. This severely ham- pers transparency, not to mention that it runs counter to the Aarhus Convention. The definition of the hierarchy of laws as we know it is being rudely redefined. The hierar- chy of laws exists for a reason. Imagine a pyr- amid, where the most fundamental laws are at the peak and act as protectors of the whole sys- tem, while less authoritative laws, legal notices, special legislations, and policies have a lower ranking of seniority. These bills propose to topple this pyramid of laws and then pick and choose applicable laws and policies according to the circumstances of the case. They retain a similar mentality to that of con- tractors—demolish and rebuild irrespective of consequences or dangers. This will set a dan- gerous precedent, accelerating the erosion of our democracy. As head of the executive, Robert Abela seems to take a leaf out of Donald Trump's book to give himself broad powers, shielding gov- ernmental decisions from the purview of the courts, throwing us back to the 1980s. The government and its authorities and departments will be exempt from declaring whether they are owners of properties they wish to demolish or develop. Whilst a person objecting to any proposed development needs to object in a very formal manner and list all grievances according to the laws and policies applicable, the Planning Board in its decision can deviate from the ap- plicable policies and such deviation shall not be considered as a mistake of law or judgement simply because the policies do not state that the board does not retain such discretion. This will open a can of worms as it gives too much power and subjective discretion to the Planning Board, whilst limiting the rights of objectors. In addition, objections to permits issued as a result of fraudulent, deceptive, or erroneous submissions, declarations, or docu- mentation will be time-barred after one year— one of the shortest prescription periods for civil action in Maltese law. The setup of the Planning Board and the reg- istry will resemble that of a court, with more formality and stringent conditions for appli- cants and objectors. This is also a departure from the legal doctrine that boards and tri- bunals should lack formality, be more peo- ple-friendly, and operate according to the laws applicable and the principles of natural justice. The EPRT will have the power to appoint of- ficers and experts, and the chairperson of the EPRT will have the power to appoint himself and others as officers or experts. This is a legal heresy committed by those who want to erase the definition of conflict of interest from our legal dictionary. Height limitations and restrictions have now, scandalously, become minor amendments. Works underway will not be suspended for the duration of proceedings if time periods are not adhered to. Does the prime minister recall committing himself to curbing this abusive practice (created by his own government) back in 2023? Evidently not. The time limits for appeals have been short- ened, whilst fines that cannot be reviewed by a court will be awarded if the tribunal deems that an appeal is frivolous and vexatious. The formality of submissions before the Planning Board and appeal applications before the EPRT will mean that any person who intends to ob- ject or appeal will need to appoint an architect and a lawyer, adding financial burdens to the inconvenience and suffering of the objector or appellant. The time periods for decisions of the EPRT and the Court of Appeal have been drastically shortened, with the possibility of a single ex- tension. This may impinge on citizens' right to a fair trial within a reasonable time and will decrease the quality and substance of decisions and judgments. Judicial review has been severely restricted, and the courts will no longer be able to syndi- cate on matters of fact, even if there is a wrong- ful interpretation of them, and on penalties is- sued. This limitation will seemingly apply not only to the Court of Appeal but also to the First Hall of the Civil Court, which has the authori- ty to review administrative acts and decisions. This marks a new low for our planning rights, with the only remaining redress being consti- tutional. Long gone are the promises made by Labour about a modern and progressive movement. The masks have fallen, the gloves are off. This is nothing less than a despotic government whose efforts to seize total control are de- signed to appease its developer friends at our expense.