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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 15th March 2023.
Before P. C. Harris, Judge, on 15th March 2023.
BETWEEN
Coda Limited
PLAINTIFF
and
PJL Construction Limited
Heron House, States Airport, L' Avenue de La Commune, St. Peter, Jersey, JE3 7BY.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £5,307.83 comprising: (i) £3,898.42 in respect of the balance due of an account rendered dated 18th October 2022, (ii) £1,019.57 in respect of an account rendered dated 30th October 2022 and (iii) £389.84 in respect of an account
rendered dated 24th January 2023;
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 P. C. Harris, Judge, on 15th March 2023.
BETWEEN
4 Hire Limited
PLAINTIFF
and
Rockit Limited
La Ville Machon, La Route des Cotes du Nord, Trinity, Jersey, JE3 SBJ.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £2,321.52 comprising: (i) £2,210.97 in respect of an account rendered dated 21st December 2022 and (ii) £110.55 in respect of an account rendered dated 24th February 2023;
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 P. C. Harris, Judge, on 15th March 2023.
BETWEEN
Base Limited trading as Genesis AV
PLAINTIFF
and
3P Solutions Limited
Flat 2, Fairview, Les Chanolles de Six Rues, St. Lawrence, Jersey, JE3 lGN.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £1,729.50 comprising: (i) £1,018.50 in respect of an account rendered dated 24th November 2022, (ii) £589.50 in respect of an account rendered dated 1st December 2022 and (iii) £121.50 in respect of an account rendered dated 20th
December 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 P. C. Harris, Judge, on 15th March 2023.
BETWEEN
Cleveland Clinic (2008) Limited
PLAINTIFF
and
Clare Mears
18 St. Peter's School Estate, La Rue de l'Eglise, St. Peter, Jersey, JE3 7ZD.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £119.00 in respect of an account rendered dated 23rd November 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 P. C. Harris, Judge, on 15th March 2023.
BETWEEN
Cleveland Clinic (2008) Limited
PLAINTIFF
and
Duncan Neil Harris
3 Belvedere, Princess Tower Road, St. Saviour, Jersey, JE2 7BE.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £196.90 in respect of an account rendered dated 13th December 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 P. C. Harris, Judge, on 15th March 2023.
BETWEEN
Cleveland Clinic (2008) Limited
PLAINTIFF
and
Leah Vanessa Camacho De Freitas
46 Windsor Court, Windsor Road, St. Helier, Jersey, JE2 3YG.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a} the sum of £109.40 comprising (i} £54.00 in respect of an account rendered dated 3rd August 2022 and (ii) £55.40 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 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 P. C. Harris, Judge, on 15th March 2023.
BETWEEN
Close Finance (Cl) Limited
PLAINTIFF
and
Antonio Jose Alves Frescata
36 ½ David Place, St. Helier, Jersey, JE2 4TE.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £956.28 in respect of the balance due under Personal Loan Agreement number 30060335 dated 29th May 2018;
b) contractual interest thereon on any outstanding balance in accordance with Practice Direction PD 05/4 at the rate of 8% per annum from 29th 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
____________________________________________________________________________________________________________________________________________________
Before P. C. Harris, Judge, on 15th March 2023.
BETWEEN
Fungi Delecti Limited
PLAINTIFF
and
Artemis Greek Taverne Limited (the "First Defendant")
Demetreous Andreas Tokkallos (the "Second Defendant")
Sorin Marin {the "Third Defendant")
No. 2 Bank Place, Charing Cross, St. Brelade, Jersey, JE3 SAA.
DEFENDANTS
THE DEFENDANTS not having appeared, the Court:
1) condemned the Defendants to pay to the Plaintiff:
a) the sum of £1,478.29 in respect of an account rendered to the First Defendant dated 9th February 2023, payment of which was guaranteed by the Second and Third Defendant on 7th September 2020;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from 9th February 2023 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 Second and Third Defendants to be arrested to the extent of £80.00 per week.
CL
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
Before P. C. Harris, Judge, on 15th March 2023.
BETWEEN
Jersey Village Vets Limited
PLAINTIFF
and
Mr T. Cabot
Le Pied du Cotil, La Rue de St. Mannelier, St. Saviour, Jersey, JE2 7HJ.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £49.53 in respect of an account rendered dated 8th 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
CL
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
Before P. C. Harris, Judge, on 15th March 2023.
BETWEEN
Kumpin Dental Limited trading as The Dental Spa
PLAINTIFF
and
Pamela Jane Elsender
Flat 18, Ed Le Quesne House, La Rue du Funchal, St. Helier, Jersey, JE2 4TT.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £140.00 in respect of the balance of an account rendered dated 29th November 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 P. C. Harris, Judge, on 15th March 2023.
BETWEEN
Lister House Associates Limited
PLAINTIFF
and
Aoife Molloy
Staff Accommodation, Apollo Hotel, St. Saviour's Road, St. Helier, Jersey, JE2 4GJ.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £181.75 in respect of an account rendered dated 24th November 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 P. C. Harris, Judge, on 15th March 2023.
BETWEEN
M J Touzel (Insurance Brokers) Limited trading as Islands Insurance
PLAINTIFF
and
Mario Martins trading as Mario Martins International Transport
Lorraine, Marrett 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 £517.38 in respect of insurance Policy numbers 1271201D and 1271201A due on 14th February 2023;
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 15th March 2023.
BETWEEN
St. Martin's House Association
PLAINTIFF
and
Scott Wickenden
11 The Courtyard, St. Martin's House, La Grande Route de Faldouet,
St. Martin, Jersey, JE3 GUG.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £2,451.46 in respect of (i) service charges for the property known as 11 The Courtyard, St. Martin's House, from 1st October 2022 to pt March 2023 and (ii) purchase of a leak detection system;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from 1st March 2023 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 15th March 2023.
BETWEEN
Parish of St. St. Helier
PLAINTIFF
and
Barry Rathmill
Flat 3, 39 Midvale Road, St. Helier, Jersey, JE2 3TY.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £175.68 in respect of Parish Rates plus surcharge for the year 2022;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from 24th 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.
POSH
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
Before P. C. Harris, Judge, on 15th March 2023.
The Court granted the application of Health Plus Limited (the "Plaintiff") to abandon the benefit of judgment obtained by default against Agnes Margarethe Banach (the "Defendant"), of Flat 4, 1 Westbourne Terrace, Wellington Road, St. Saviour, Jersey, JE2 7TE, on the 1st February 2023 in the sum of £219.00, interest and costs, and furthermore the Court ordered
that the details thereof be expunged from the records of the Court.
CL
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
Before P. C. Harris, Judge, on 15th March 2023.
The Court granted the application of Parish of St. Helier (the "Plaintiff") to abandon the benefit of judgment obtained by default against Adam Reid and Catherine Warkins (the "Defendants"), of 6 La Rue de Podetre, St. Helier, Jersey, JE2 3HE, on the 22nd February 2023 in the sum of £213.21, interest and costs, and furthermore the Court ordered that the details thereof be
expunged from the records of the Court.
POSH
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
Before P. C. Harris, Judge, on 15th March 2023.
The Court granted the application of Parish of St. Helier (the "Plaintiff") to abandon the benefit of judgment obtained by default against Hilary McCarthy and Patrick Desmond McCarthy (the "Defendants"), of 3 Sacre Coeur Cottages, Rouge Bouillon, St. Helier, Jersey, JE2 3ZY, on the 25th January 2023 in the sum of £536.14, interest and costs, and furthermore the Court
ordered that the details thereof be expunged from the records of the Court.
POSH
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
Before P. C. Harris, Judge, on 15th March 2023.
The Court granted the application of Benjamin Hughes (the "Plaintiff") to abandon the benefit of judgment obtained by default against Robert Kwidzinski (the "Defendant"), of Flat 3, Haddon House Apartments, 30A Seaton Place, St. Helier, Jersey, on the 28th October 2020 in the sum of £235.00, 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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