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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 3 August 2022.
Before S. Fitz, Judge, on 3rd August 2022.
BETWEEN
Jersey Electricity Pie
PLAINTIFF
and
Bianca Swanepoel
Acacia House Cottage, La Rue de La Mare Ballam, St. John, Jersey, JE3 4EJ.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff :
a) the sum of £294.02 in respect of electricity arrears for Acacia House Cottage, La Rue de La Mare Ballam, St. John;
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.
JEC
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
Before S. Fitz, Judge, on 3rd August 2022.
BETWEEN
The Treasurer of the States
PLAINTIFF
and
Eida Construction Limited
B802, W2 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 £12,194.38 in respect of Social Security contributions for the C and D Quarters of 2020 and the A, Band C Quarters of 2021;
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
____________________________________________________________________________________________________________________________________________________
Before S. Fitz, Judge, on 3rd August 2022.
BETWEEN
Express Electrix Limited trading as Express Autoparts
PLAINTIFF
and
The Car Clinic Limited
No. 16 Cheapside, St. Helier, Jersey, JE2 3PG.
DEFENDANT
THE DEFENDANT not having appeared, the Court :
1) condemned the Defendant to pay to the Plaintiff :
a) the sum of £8,034.73 in respect of several accounts rendered between 14th February 2022 and 5th May 2022 for the supply of motor vehicle parts;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from 5th May 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.
JEC
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
Before S. Fitz, Judge, on 3rd August 2022.
BETWEEN
Petroleum Distributors (Jersey} Limited
PLAINTIFF
and
Bonne Nuit Apartments Association
C/0 Eagle Property Management, Sunset Ridge, Rue des Landes, St. John, Jersey, JE3 4AF.
DEFENDANT
THE DEFENDANT not having appeared, but having paid the sum of £893.66 claimed by the Plaintiff in respect of invoice number 030188 dated 20th December 2021 for the delivery of domestic heating oil, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) interest on £893 .66 at the appropriate daily rate in accordance with Practice Direction PD 05/3 from 20th December 2021 to the date of payment;
b) the fixed costs of the action in accordance with Practice Direction PD 18/01;
c) 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 S. Fitz, Judge, on 3rd August 2022.
BETWEEN
II Li one Alto ARL trading as The Mansell Collection
and
Aaron Bird
No. 1 Watkin Villa, La Route de St. Aubin, St. Helier, Jersey, JE2 3SF.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1} condemned the Defendant to pay to the Plaintiff :
a) the sum of £255.78 in respect of invoice number 49927 dated 7th October 2021;
b} interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from thi s 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.
SF
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
Before S. Fitz, Judge, on 3rd August 2022.
BETWEEN
MJ Touzel (Insurance Brokers) Limited trading as Islands Insurance
PLAINTIFF
and
Paula Ann Michel
Flat 7, Halycon 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 £3,389.43 in respect a road traffic accident which occurred on 29th June 2019, caused by the Defendant whilst uninsured for Subaru lmpreza GX Sport;
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.
JEC
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
Before S. Fitz, Judge, on 3rd August 2022.
BETWEEN
Cashback limited by Assignment dated 16th June 2022
from Piers Hickman trading as Drive.Je (Assignor).
and
Laura Christine Lagadu
PLAINTIFF
54 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 £162.56 in respect of an account rendered dated 5th June 2022, less the sum of £20.00;
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
____________________________________________________________________________________________________________________________________________________
Before S. Fitz, Judge, on 3rd August 2022.
BETWEEN
Cashback Limited
by Assignment dated 16th June 2022
from Cherry Godfrey Finance Limited (Assignor)
PLAINTIFF
and
Lee Ryan
3 Palace Flats, Palace Close, Bagatelle Road, St. Saviour, Jersey, JE2 7SG.
DEFENDANT
THE DEFENDANT not having appeared, the Court :
1) condemned the Defendant to pay to the Plaintiff :
a) the sum of £6,669.87 in respect of the balance due under Personal Loan Agreement number 811089 dated 6th January 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 27th May 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
____________________________________________________________________________________________________________________________________________________
Before S. Fitz, Judge, on 3rd August 2022.
BETWEEN
F. Le Gallais & Sons Limited trading as Le Gallais Self Storage
PLAINTIFF
and
David Belchoir Rodrigues
Flat 15, Cornwallis, 9 Havre des Pas, St. Helier, Jersey, JE2 4UQ.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff :
a) the sum of £504.00 in respect of an account rendered dated 15th 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
____________________________________________________________________________________________________________________________________________________
Before S. Fitz, Judge, on 3rd August 2022.
BETWEEN
F. Le Gallais & Sons Limited trading as Le Gallais Self Storage
PLAINTIFF
and
Ibrahim Abdullah Rosian
1 Wyoma, La Greve d' Azette, St. Clement, Jersey, JE2 6PX.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff :
a) the sum of £942.00 in respect of an account rendered dated 19th 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
____________________________________________________________________________________________________________________________________________________
Before S. Fitz, Judge, on 3rd August 2022.
BETWEEN
F. Le Gallais & Sons Limited trading as Le Gallais Self Storage
PLAINTIFF
and
Kirsty Marie Gleadon
3 Gros Puits, Fountain Lane, St. Saviour, Jersey, JE2 7RL.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff :
a) the sum of £408.60 in respect of an account rendered dated 15th 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
____________________________________________________________________________________________________________________________________________________
Before S. Fitz, Judge, on 3rd August 2022.
BETWEEN
Home James Valeting Service Limited
PLAINTIFF
and
Peter Chapman
St. Aubin Car Sales, La Neuve Route, St. Brelade, Jersey, JE3 885.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1} condemned the Defendant to pay to the Plaintiff :
a} the sum of £80.00 in respect of an account rendered dated 4th October 2021;
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
____________________________________________________________________________________________________________________________________________________
Before S. Fitz, Judge, on 3rd August 2022.
BETWEEN
PKF BBA Limited
PLAINTIFF
and
Philip Downey
Fingle Glen, La Rue de Trachy, St. Helier, Jersey, JE2 3JN.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff :
a) the sum of £5,476.95 in respect of five accounts rendered comprising: (i) £2,082.09 (balance) dated 14th January 2019, (ii) £1,069.74 dated 1st April 2019, (iii) £1,140.72 dated 10th February 2020, (iv) £444.15 dated 3pt July 2020 and (v) £740.25 dated 25th October 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 £80.00 per week.
CL
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
Before S. Fitz, Judge, on 3rd August 2022.
BETWEEN
PKF BBA Limited
PLAINTIFF
and
Pro Renovations Limited
Fingle Glen, La Rue de Trachy, St. Helier, Jersey, JE2 3JN.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £6,156.56 in respect of six accounts rendered comprising: (i) £63.70 (balance) dated 30th July 2019, (ii) £1,467.90 dated 15th October 2020, (iii) £555.75 dated 17th December 2020, (iv) £716.25 dated 15th October 2021, (v) £1,706.78 dated 28th November 2021, and (vi) £1,646.18 dated 31st January 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 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
____________________________________________________________________________________________________________________________________________________
Before S. Fitz, Judge, on 3rd August 2022.
BETWEEN
Signtech (C.1.) Limited
PLAINTIFF
and
Lee Ryan
3 Palace Flats, Palace Close, Bagatelle Road, St. Saviour, Jersey, JE2 7SG.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £185.75 in respect of the balance of an account rendered dated 30th July 2021;
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
____________________________________________________________________________________________________________________________________________________
Before S. Fitz, Judge, on 3rd August 2022.
The Court granted the application of Parish of St. Brelade (the "Plaintiff") to abandon the benefit of judgment obtained by default against Kristofer Elkin (the "Defendant"), of 5 Bayview, La Grande Route des Sablons, Grouville, on 12th January 2022 in the sum of £294.62, interest and costs, and furthermore the Court ordered that the details there of be expunged from the records of the Court.
JEC
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
Before S. Fitz, Judge, on 3rd August 2022.
WHEREAS (1) on 13th May 2022, Connor Kearney (the "Plaintiff"), of Flat 17, Santa Monica Park, St. Andrew's Road, First Tower, St. Helier, actioned Shinzo (Jersey) Limited (the "Defendant") of La Neuve Route, St. Aubin, St. Brelade, for £1,740.79 in respect of unpaid wages for the period from 28th April 2022 to 13th May 2022;
(2) on 25th May 2022, the action having been contested, the parties were referred to mediation.
{3) on 14th June 2022, the parties having participated in a mediation hearing settled the action in that the Defendant agreed to pay the Plaintiff the sum of £1,740.79 in full and final settlement.
(4) on 22nd July 2022, the Plaintiff had written to the Defendant and the Court requesting that the action be tabled on Wednesday 3rd August 2022 in order that he may apply for judgment in default of the agreement.
NOW TODAY, the Defendant not having appeared and the Plaintiff having advised the Court that the Defendant had not complied with the terms of the aforesaid agreement, there being an outstanding balance of £1,590.79, IT IS ORDERED that the Defendant pay to the Plaintiff the sum of £1,630.79 comprising the outstanding balance above and the fixed costs for today's hearing in the sum of £40.00.
PERMISSIONis hereby granted to 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 Vise unt is satisfied that the Defendant is aware of the making of the distraint.
PA
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
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