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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 23rd November 2022.
Before
D. Le Cornu, Judge, on 23rd November 2022.
BETWEEN
BCR Law LL
PLAINTIFF
and
Kyle Walker
003 Indigo House, La Pouquelaye, St. Helier, Jersey, JE2 3AW.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £6,300.00 in respect of unpaid legal fees;
b) the sum of £749.63 representing contractual interest on the sum above at the rate of 6% above the prevailing Bank of England base rate due to this day, in accordance with Practice Direction PD 05/4;
c} contractual interest thereon on any outstanding balance in accordance with Practice Direction PD 05/4 from 24th November 2022 to the date of payment;
d) the fixed costs of the action in accordance with Practice Direction PD 18/01;
e) 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.
BCR
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
D. Le Cornu, Judge, on 23rd November 2022.
BETWEEN
The Treasurer of the States
PLAINTIFF
and
Shinzo (Jersey) limited
La Ferme du Haut, 5 Maison de Haut, la Rue du Tapon, St. Saviour, Jersey, JE2 7UZ.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £12,160.32 in respect of Goods and Services tax comprising: (i) £1,405.32 for the year 2020, (ii) £10,207.41 for the year 2021 and (iii) £547.59 for the year 2022;
b) the fixed costs of the action in accordance with Practice Direction PD 18/01; 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.
LOD
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
D. Le Cornu, Judge, on 23rd November 2022.
BETWEEN
Close Finance (Cl) Limited
PLAINTIFF
and
Carlos Alberto Castro Silva
Flat 2, Winchester Villas, 12-14 Winchester Street, St. Helier, Jersey, JE2 4TH.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £9,219.45 in respect of the balance due under Personal Loan Agreement number 30066685 dated 28th January 2021, less the sum of £500.00;
b) contractual interest thereon on any outstanding balance in accordance with Practice Direction PD 05/4 at the rate of 8% per annum from 28th November 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.
CL
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
D. Le Cornu, Judge, on 23rd November 2022.
BETWEEN
B. G. Romeril & Company Limited
PLAINTIFF
and
Ryan John Flucker trading as Platinum Plumbing
3 Sunshine Gardens, Marett Road, St. Helier, Jersey, JE2 4PQ.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £1,586.28 in respect of an account rendered dated 14th October 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.
CL
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
D. Le Cornu, Judge, on 23rd November 2022.
BETWEEN
Beaumont Structural Consultants Limited
PLAINTIFF
and
Patrick Kudakwashe Nyahwo & Nomsa Sithandekile Dewah Nyahwo
2 Le Clos Ahier, La Rue du Froid Vent, St. Saviour, Jersey, JE2 7U.
DEFENDANT
THE DEFENDANTS not having appeared, the Court:
1) condemned the Defendants to pay to the Plaintiff:
a) the sum of £6,860.28 in respect of five accounts rendered as follows: (i) £682.50 dated 8th April 2022, (ii) £2,730.00 dated 13th May 2022, (iii) £1,396.97 dated 7th July
2022, (iv) £685.81 dated 3rd August 2022 and (v) £1,365.00 dated 10th October 2022;
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, jointly and severally:
a) the personal property of the Defendants 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 Defendants are aware of the making of the distraint; and
b) the wages of the Defendants to be arrested to the extent of £80.00 per week.
And on the application of the Plaintiff, it is ordered that this Act be registered in the Public Registry of this island.
CL
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
D. Le Cornu, Judge, on 23rd November 2022.
BETWEEN
Cashback Limited
by Assignment dated 20th October 2022
from Clifford Anthony Frazier & Elizabeth Doreen Frazier (Assignors)
PLAINTIFF
and
Thomas George Button
Mossgiel, La Rue Ferriere, St. Ouen, Jersey, JE2 3AN.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendants to pay to the Plaintiff:
a) the sum of £9,363.29 in respect of arrears of rent for the property Mossgiel, La Rue Ferriere, St. Ouen, comprising: (i) £2,958.99 due on 1st September 2022, (ii) £2,958.99 due on P1 October 2022 and (iii) £3,445.31 due on pt November 2022;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from 6th November 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.
CL
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
D. Le Cornu, Judge, on 23rd November 2022.
BETWEEN
Close Finance (Cl) Limited
PLAINTIFF
and
Ricardo Hilario Texeira Olim
Windward House, 41 Aquila Road, St. Helier, Jersey, JE2 3XD.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £12,567.68 in respect of the balance due under Personal Loan Agreement number 30069382 dated 22nd April 2022;
b) contractual interest thereon on any outstanding balance in accordance with Practice Direction PD 05/4 at the rate of 8% per annum from 12th 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:
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.
CL
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
D. Le Cornu, Judge, on 23rd November 2022.
BETWEEN
Diagnostic Imaging Limited
PLAINTIFF
and
Emma Gomez-Lopez
Pastures, La Rue de La Monnaie, Trinity, Jersey, JE3 SDG.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £650.00 in respect of an account rendered dated 5th May 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.
CL
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
D. Le Cornu, Judge, on 23rd November 2022.
BETWEEN
Diagnostic Imaging Limited
PLAINTIFF
and
Jeffrey Livingston
28 Clos de La Colonie, La Grande Route de St. Clement, St. Clement, Jersey, JE2 6TN.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £1,625.00 comprising: (i) £975.00 in respect of an account rendered dated 28th March 2022 and (ii) £650.00 in respect of an account rendered dated 31st May 2022;
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 £80.00 per week.
CL
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
D. Le Cornu, Judge, on 23rd November 2022.
BETWEEN
G4S Secure Solutions (Jersey) Limited
PLAINTIFF
and
Claire Sherene O'Connell
9 Dorset Mews, Dorset Lane, St. Helier, Jersey, JE2 3FH.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £155.93 in respect of an account rendered dated 18th 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.
CL
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
D. Le Cornu, Judge, on 23rd November 2022.
BETWEEN
G4S Secure Solutions (Jersey) Limited
PLAINTIFF
and
Malcolm Marett
5 Belvoir Court, Don Road, St. Helier, Jersey, JE2 4QD.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £126.00 in respect of an account rendered dated 24th May 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.
CL
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
D. Le Cornu, Judge, on 23rd November 2022.
BETWEEN
Health Plus Limited
PLAINTIFF
and
Benjamin Alexander
8708, Block W2, Westmount, Westmount Road, St. Helier, Jersey, JE2 3BJ
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £200.00 in respect of an account rendered dated 2nd October 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.
CL
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
D. Le Cornu, Judge, on 23rd November 2022.
BETWEEN
Health Plus Limited
PLAINTIFF
and
Benjamin Alexander
8708, Block W2, Westmount, Westmount Road, St. Helier, Jersey, JE2 3BJ
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £200.00 in respect of an account rendered dated 2nd October 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.
CL
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
D. Le Cornu, Judge, on 23rd November 2022.
BETWEEN
Island Lock & Safe Co. Limited
PLAINTIFF
and
Anna Both
Flat 4, 3 Almorah Crescent, Lower Kings Cliff, St. Helier, Jersey, JE2 3GU.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £47.25 in respect of an account rendered dated 29th 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.
CL
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
D. Le Cornu, Judge, on 23rd November 2022.
BETWEEN
Island Lock & Safe Co. Limited
PLAINTIFF
and
Michael Smith
1 St. Hilda's Court, Palmyra Road, St. Helier, JE2 3YT.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £47.25 in respect of an account rendered dated 30th 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.
CL
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
D. Le Cornu, Judge, on 23rd November 2022.
BETWEEN
La Mirabelle Limited
PLAINTIFF
and
George Victor Gherasim
Room 2, 31 Roseville Street, St. Helier, JE2 4PJ.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £1,046.94 comprising: (i) £720.00 in respect of arrears of rent for the premises Room 2, 31 Roseville Street, for the period from 26th August 2022 to 20th October 2022 and (ii) £326.94 in respect of electricity charges for the period from 16th July 2022 to 20th October 2022;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from 20th October 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.
CL
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
D. Le Cornu, Judge, on 23rd November 2022.
BETWEEN
Randalls Limited
PLAINTIFF
and
Benjamin Spencer-Newman
Ground Floor Flat, The Green Slipper, La Rue de Samares, St. Clement, Jersey, JE2 6LY.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £12,069.17 in respect of the balance of an account rendered to Rocksteady Limited dated 30th August 2022, payment of which was personally guaranteed by the Defendant;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from 2nd 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.
CL
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
D. Le Cornu, Judge, on 23rd November 2022.
BETWEEN
LAP Holdings A.R.L
PLAINTIFF
and
V.M.W. Limited
P.O. Box 264, Forum 4, Grenville Street, St. Helier, Jersey, JE4 8TQ
& Unit 6A, Rue du Bechet, Trinity, Jersey, JE3 SBE
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £25,189.14 in respect of arrears of rent for the property Unit 6A, Rue du Bechet, Trinity, for the period between pt January 2022 and pt November 2022, less the sum of £5,250.00;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from pt November 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.
CL
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
D. Le Cornu, Judge, on 23rd November 2022.
BETWEEN
Ports of Jersey Limited
PLAINTIFF
and
John Michael Childs
Flat 4, St. Thomas Villa, St. Helier, Jersey, JE2 4TA.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £1,006.83 comprising: (i) £401.59 in respect of St. Helier mooring charges for vessel "Born Free" for the period from 1st April 2022 to 31st March 2023, and (ii) £307.90 in respect of La Collette daily rate for the period from 17th May 2022 to 26th May 2022, (iii) £287.34 in respect of towing charges and (iv) £10.00 in respect of a late payment fee;
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.
CL
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
D. Le Cornu, Judge, on 23rd November 2022.
BETWEEN
Ports of Jersey Limited
PLAINTIFF
and
Robert Daly
1 Chaseville Court, Mont Les Vaux, St. Brelade, Jersey, JE3 SAX
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £1,024.40 comprising: (i) £1,014.33 in respect of St. Helier Summer berthing charges for vessel JY1428 for the period from pt May 2022 to 31st July 2022 and {ii) £10.07 in respect of a late payment fee, less the sum of £512.15;
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.
POJ
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
D. Le Cornu, Judge, on 23rd November 2022.
BETWEEN
Ports of Jersey Limited
PLAINTIFF
and
Lee Du Heaume
Ocean House, Les Grand Vaux, St. Saviour, Jersey, JE2 7NA.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £230.75 comprising: (i) £225.75 in respect of Boat on Quay charges for vessel JY2115 for the period from 1st July 2022 to 12th August 2022, and (ii) £5.00 in respect of a late payment fee;
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.
POJ
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
D. Le Cornu, Judge, on 23rd November 2022.
BETWEEN
Delia Aciocarlanoaiei
PLAINTIFF
and
Janos Sandor Kovacs
Manager's Flat, Olanda House, La Rue du Croquete, St. Aubin, St. Brelade, Jersey, JE3 SBZ.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £374.70 in respect of child maintenance plus cost of living increase as per the Jersey Retail Price Index, both due as per a Royal Court Order dated 25th September 2019;
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
____________________________________________________________________________________________________________________________________________________
D. Le Cornu, Judge, on 23rd November 2022.
BETWEEN
Samantha Diggle
PLAINTIFF
and
David Samuel Varela
58 Clos de Paradis, La Pouquelaye, St. Helier, JE2 3GT.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £2,173.20 comprising: (i) £2,000.00 in respect of the purchase of a defective vehicle from the Defendant on 2nd October 2022, and (ii) £173.20 in respect of lost car insurance;
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 per week.
PA
GREFFIER SUBSTITUTE
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D. Le Cornu, Judge, on 23rd November 2022.
BETWEEN
Kayleigh Halksworth
PLAINTIFF
and
Andrew Heaton
Flat 40, Liberation Court, Brooklyn Street, St. Helier, Jersey, JE2 4SH.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £6,020.00 in respect of a personal loan granted by the Plaintiff to the Defendant on 6th December 2016, which the Defendant has failed to repay;
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 per week.
PA
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
D. Le Cornu, Judge, on 23rd November 2022.
BETWEEN
Vivienne O'Rourke
PLAINTIFF
and
Pedro Gomes 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 her property, following a 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
____________________________________________________________________________________________________________________________________________________
D. Le Cornu, Judge, on 23rd November 2022.
The Court granted the application of Brookfield Tunnel Street Holdings Limited (the "Plaintiff") to abandon the benefit of judgment obtained by default against Kinga Jaworek (the "Defendant"), of 3 La Fauxbie Villas, St. Saviour's Road, St. Helier, on 21st March 2018 in the sum of £410.00, interest and costs, and furthermore the Court ordered that the details thereof be expunged from the records of the Court.
SF
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
D. Le Cornu, Judge, on 23rd November 2022.
The Court granted the application of Shawbrook International Limited (the "Plaintiff") to abandon the benefit of judgment obtained by default against Beautiful Life Limited & Patrycja Irena Lyscarz (the "Defendants"), of 68 Stopford Road, St. Helier, on 22nd January 2020 in the sum of £7,733.28 less the sum of £4,605.47, interest and costs, and furthermore the Court ordered that the details thereof be expunged from the records of the Court.
SF
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
D. Le Cornu, Judge, on 23rd November 2022.
The Court granted the application of M J Touzel (Insurance Brokers) Limited (the "Plaintiff") to abandon the benefit of judgment obtained by default against Neil John Bolton (the "Defendant"), of Flat 1, Harley House, Le Boulevard, St. Brelade, on 9th November 2022 in the sum of £258.64, interest and costs, and furthermore the Court ordered that the details thereof be expunged from the records of the Court.
SF
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
D. Le Cornu, Judge, on 23rd November 2022.
The Court granted the application of Sonnic Cleaning Services Limited (the "Plaintiff") to abandon the benefit of judgment obtained by default against Niamh McGarty (the "Defendant"), of Northgate, Tower Road, St. Helier, on 16th November 2016 in the sum of £134.40, interest and costs, and furthermore the Court ordered tha the details thereof be expunged from the records of the Court.
SF
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
D. Le Cornu, Judge, on 23rd November 2022.
The Court granted the application of Vivienne O'Rourke (the "Plaintiff"} to abandon the benefit of judgment obtained by default against Pedro Gomez trading as G Continental Services (the "Defendant"}, of 33A Lewis Street, St. Helier, on 28th September 2022 in the sum of £2,000.00, interest and costs, and furthermore the Court ordered that the details thereof be expunged from the records of the Court.
PA
GREFFIER SUBSTITUTE
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