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In this section, Bailiwick Express circulates the most recent decisions of the Petty Debts Court. This is a subscription service, as it contains the full judgments which are not freely available already online - follow the on-screen prompts for access.
Below you will find all the Petty Debts judgments granted on Wednesday 28 September 2022.
Before P. C. Harris, Judge, on 28th September 2022.
BETWEEN
Banleman Properties Limited
PLAINTIFF
and
Amanda Jane Graham
Flat 1, 19 Beaumont Road, St. Helier, Jersey, JE2 4JE.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £450.66 in respect of rent for the period from 2nd November 2020 to 4th January 2021;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from 4th January 2021 to the date of payment;
c) the fixed costs of the action in accordance with Practice Direction PD 18/01;
d) interest on such costs from this day to the date of payment in accordance with Practice Direction PD 05/4; and
2) authorised the Plaintiff to cause:
a) the personal property of the Defendant to be arrested and sold, providing that no sale of movables on which a distraint has been made shall take place without the leave of the Court unless the Viscount is satisfied that the Defendant is aware of the making of the distraint; and
b) the wages of the Defendant to be arrested to the extent of £80.00 per week.
SF
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
Before P. C. Harris, Judge, on 2sth September 2022.
BETWEEN
Colomberie Clinic Limited
PLAINTIFF
and
Elson Agrela
2 Haut Bois Villa, Bellozane Road, St. Helier, Jersey, JE2 3JW.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff :
a) the sum of £107.00 in respect of an account rendered dated 18th August 2022;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from the said date to the date of payment;
c) the fixed costs of the action in accordance with Practice Direction PD 18/01;
d) interest on such costs from this day to the date of payment in accordance with Practice Direction PD 05/4; and
2) authorised the Plaintiff to cause:
a) the personal property of the Defendant to be arrested and sold, providing that no sale of movables on which a distraint has been made shall take place without the leave of the Court unless the Viscount is satisfied that the Defendant is aware of the making of the distraint; and
b) the wages of the Defendant to be arrested to the extent of £80.00 per week.
SF
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
Before P. C. Harris, Judge, on 2sth September 2022.
BETWEEN
Colomberie Clinic Limited
PLAINTIFF
and
Mariana Abreu
Cottage 3, Eastleigh, La Route de L'Etacq, St. Cuen, Jersey, JE3 2FB.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £53.50 in respect of an account rendered dated 18th April 2022;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from the said date to the date of payment;
c) the fixed costs of the action in accordance with Practice Direction PD 18/01;
d) interest on such costs from this day to the date of payment in accordance with Practice Direction PD 05/4; and
2) authorised the Plaintiff to cause:
a) the personal property of the Defendant to be arrested and sold, providing that no sale of movables on which a distraint has been made shall take place without the leave of the Court unless the Viscount is satisfied that the Defendant is aware of the making of the distraint; and
b) the wages of the Defendant to be arrested to the extent of £80.00 per week.
SF
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
Before P. C. Harris, Judge, on 2sth September 2022.
BETWEEN
Colomberie Clinic Limited
PLAINTIFF
and
Susana Serrao
4 Wellington Park, Wellington Road, St. Saviour, Jersey, JE2 7LW.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £171.74 in respect of an account rendered dated 14th July 2022;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from the said date to the date of payment;
c) the fixed costs of the action in accordance with Practice Direction PD 18/01;
d) interest on such costs from this day to the date of payment in accordance with Practice Direction PD 05/4; and
2) authorised the Plaintiff to cause:
a) the personal property of the Defendant to be arrested and sold, providing that no sale of movables on which a distraint has been made shall take place without the leave of the Court unless the Viscount is satisfied that the Defendant is aware of the making of the distraint; and
b) the wages of the Defendant to be arrested to the extent of £80.00 per week.
SF
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
Before P. C. Harris, Judge, on 28th September 2022.
BETWEEN
Delicate Dental Limited
PLAINTIFF
and
Pedro Da Cunha
53 Stopford Road, St. Helier, Jersey, JE2 4LB.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £348.00 in respect of an account rendered for dental treatment received between 14th August 2020 and 18th March 2022;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from 18th March 2022 to the date of payment;
c) the fixed costs of the action in accordance with Practice Direction PD 18/01;
d) interest on such costs from this day to the date of payment in accordance with Practice Direction PD 05/4; and
2) authorised the Plaintiff to cause:
a) the personal property of the Defendant to be arrested and sold, providing that no sale of movables on which a distraint has been made shall take place without the leave of the Court unless the Viscount is satisfied that the Defendant is aware of the making of the distraint; and
b) the wages of the Defendant to be arrested to the extent of £80.00 per week.
SF
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
Before P. C. Harris, Judge, on 28th September 2022.
BETWEEN
Kennedy International House Limited
PLAINTIFF
and
Rebecca Rhatigan
Flat 16, International House, Don Road, St. Helier, Jersey, JE2 4JE.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff :
a) the sum of £1,979.11 in respect of an overpayment made to the Defendant on 29th July 2021;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from 29th July 2021 to the date of payment;
c) the fixed costs of the action in accordance with Practice Direction PD 18/01;
d) interest on such costs from this day to the date of payment in accordance with Practice Direction PD 05/4; and
2) authorised the Plaintiff to cause:
a) the personal property of the Defendant to be arrested and sold, providing that no sale of movables on which a distraint has been made shall take place without the leave of the Court unless the Viscount is satisfied that the Defendant is aware of the making of the distraint; and
b) the wages of the Defendant to be arrested to the extent of £80.00 per week.
SF
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
Before P. C. Harris, Judge, on 28th September 2022.
BETWEEN
Pallot Glass & Glazing Limited
PLAINTIFF
and
Figueiras Construction Limited
Suite 5, Longueville Business Park, Longueville Road, St. Saviour, Jersey, JE2 7SA.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff :
a} the sum of £3,429.46 in respect of invoice number 9005 dated 4th February 2022 for the supply and fitting of shower screens and door;
b} interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from the said date to the date of payment;
c} the fixed costs of the action in accordance with Practice Direction PD 18/01;
d} interest on such costs from this day to the date of payment in accordance with Practice Direction PD 05/4; and
2} authorised the Plaintiff to cause the personal property of the Defendant to be arrested and sold, providing that no sale of movables on which a distraint has been made shall take place without the leave of the Court unless the Viscount is satisfied that the Defendant is aware of the making of the distraint.
SF
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
Before P. C. Harris, Judge, on 2sth September 2022.
BETWEEN
Skyfall Collections Limited
by Assignment dated 7th September 2022 from
Dr. Bernard O'Reagain trading as Windsor Crescent Dental (Assignor}
PLAINTIFF
and
Brian Hawkins
1 Halcyon House, West Hill, St. Helier, Jersey, JE2 3HB.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £62.00 in respect of several accounts rendered between 13th and 19th August 2021 for dental fees;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from 19th August 2021 to the date of payment;
c) the fixed costs of the action in accordance with Practice Direction PD 18/01;
d) interest on such costs from this day to the date of payment in accordance with Practice Direction PD 05/4; and
2) authorised the Plaintiff to cause:
a) the personal property of the Defendant to be arrested and sold, providing that no sale of movables on which a distraint has been made shall take place without the leave of the Court unless the Viscount is satisfied that the Defendant is aware of the making of the distraint; and
b) the wages of the Defendant to be arrested to the extent of £80.00 per week.
SF
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
Before P. C. Harris, Judge, on 2sth September 2022.
BETWEEN
Sonnie Support Solutions (Jersey) Limited
PLAINTIFF
and
Bento Sushi Limited
1 Commercial Street, St. Helier, Jersey, JE2 3BU.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1} condemned the Defendant to pay to the Plaintiff :
a) the sum of £1,179.55 in respect of several invoices dated between 26th November 2021 and 29th July 2022 for monthly cleaning and power washing;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from 29th July 2022 to the date of payment;
c) the fixed costs of the action in accordance with Practice Direction PD 18/01;
d) interest on such costs from this day to the date of payment in accordance with
Practice Direction PD 05/4; and
2) authorised the Plaintiff to cause the personal property of the Defendant to be arrested and sold, providing that no sale of movables on which a distraint has been made shall take place without the leave of the Court unless the Viscount is satisfied that the Defendant is aware of the making of the distraint.
SF
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
Before P. C. Harris, Judge, on 28th September 2022.
BETWEEN
Store It Limited
PLAINTIFF
and
Jono Nolan
34 Metro Apartments, Patriotic Street, St. Helier, Jersey, JE2 3QW.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemn ed the Defendant to pay to the Plaintiff:
a) the sum of £168.36 comprising: (i) £84.18 in respect of invoice 7053 dated 4th August 2022, (ii) £84.18 in respect of invoice 7164 dated 4th September 2022, both for storage charges;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from 4th September 2022 to the date of payment;
c) the fixed costs of the action in accordance with Practice Direction PD 18/01;
d) interest on such costs from this day to the date of payment in accordance with Practice Direction PD 05/4; and
2) authorised the Plaintiff to cause:
a) the personal property of the Defendant to be arrested and sold, providing that no sale of movables on which a distraint has been made shall take place without the leave of the Court unless the Viscount is satisfied that the Defendant is aware of the making of the distraint; and
b) the wages of the Defendant to be arrested to the extent of £80.00 per week.
SF
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
Before P. C. Harris, Judge, on 2sth September 2022.
BETWEEN
Denis-Ramona Buzan
PLAINTIFF
and
Armando Spinola
Mont Millais, Orchid Court No.2, St. Helier, Jersey, JE2 4QA.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £650.00 comprising: (i) £150.00 in respect of a rental deposit paid to the Defendant on 22nd September 2021 and (ii) £ 500.00 in respect of rent paid to the Defendant on 20th September 2021;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from the said dates to the date of payment;
c) the fixed costs of the action in accordance with Practice Direction PD 18/01;
d) interest on such costs from this day to the date of payment in accordance with Practice Direction PD 05/4; and
2) authorised the Plaintiff to cause:
a) the personal property of the Defendant to be arrested and sold, providing that no sale of movables on which a distraint has been made shall take place without the leave of the Court unless the Viscount is satisfied that the Defendant is aware of the making of the distraint; and
b) the wages of the Defendant to be arrested to the extent of £80 per week.
PA
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
Before P. C. Harris, Judge, on 28th September 2022.
BETWEEN
Vivienne O'Rourke
PLAINTIFF
and
Pedro Gomez trading as G Continental Services
33A Lewis Street, St. Helier, Jersey, JE2 3PB.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff :
a) the sum of £2,000.00 in respect of cost incurred by the Plaintiff to replace garden slabs at the her property, following failure from the Defendant to complete the works to a reasonable standard;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from this day to the date of payment;
c) the fixed costs of the action in accordance with Practice Direction PD 18/01;
d) interest on such costs from this day to the date of payment in accordance with Practice Direction PD 05/4; and
2) authorised the Plaintiff to cause:
a) the personal property of the Defendant to be arrested and sold, providing that no sale of movables on which a distraint has been made shall take place without the leave of the Court unless the Viscount is satisfied that the Defendant is aware of the making of the distraint; and
b) the wages of the Defendant to be arrested to the extent of £80.00 per week.
PA
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
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