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In this section, Bailiwick Express circulates 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 21 June 2023.
In the Petty Debts Court of Jersey
Before P. C. Harris, Judge, on 21st June 2023.
BETWEEN
Sandpiper CI Retail Limited
PLAINTIFF
and
Benjamin Charles McKenzie
Summons served by email at benmack38@gmail.com
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £6,177.76 in respect of unpaid rent and service charges pursuant to the terms of a sub-lease agreement dated 14th May 2013 in respect of Unit 1, Iceland Premises, Rue de L'Eglise, St. Peter;
b) contractual interest thereon on any outstanding balance in accordance with Practice Direction PD 05/4 at 5% per annum above base rate from this date to the date of repayment in full;
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.
BCR
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
In the Petty Debts Court of Jersey
Before P. C. Harris, Judge, on 21st June 2023.
BETWEEN
Express Electrix Limited trading as Express Autoparts
PLAINTIFF
and
Stephen Tyler
No.19 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 £1,182.00 comprising (i) £1,176.00 in respect of an account dated 22nd November 2022 and (ii) £6.00 in respect of an account dated 3rd December 2022;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from 3rd December 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
____________________________________________________________________________________________________________________________________________________
In the Petty Debts Court of Jersey
Before P. C. Harris, Judge, on 21st June 2023.
BETWEEN
Mabrook Properties Limited
PLAINTIFF
and
Jacobus Francois Theron Hanekom & Marc Peter Du Preez
Flat 1D, Somerset Lodge, Somerset Place, St. Helier, Jersey, JE2 3QP.
DEFENDANT
THE DEFENDANTS not having appeared, the Court:
1) condemned the Defendants to pay to the Plaintiff:
a) the sum of £1,535.00 comprising (i) £1,350.00 in respect of rent due on 1st June 2023 for Flat 1D, Somerset Lodge, and (ii) £185.00 in respect of parking space rental at 17 Seale Court;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from 1st June 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 Defendants to be arrested to the extent of £80.00 per week.
SF
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
In the Petty Debts Court of Jersey
Before P. C. Harris, Judge, on 21st June 2023.
BETWEEN
Prestige Plumbing & Heating Limited
PLAINTIFF
and
Jason Williamson trading as Roof Doctor
No.20 Berkley Court, St. Helier, Jersey, JE2 4QF.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £7,878.56 in respect of an invoice dated 29th December 2022 for works carried out at La Biarderie;
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
____________________________________________________________________________________________________________________________________________________
In the Petty Debts Court of Jersey
Before P. C. Harris, Judge, on 21st June 2023.
BETWEEN
Reto Finance Limited
PLAINTIFF
and
Catriona Carroll
Flat 2, Duhamel Place, St. Helier, Jersey, JE2 4TP.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £9,711.47 in respect of the balance of personal loan Agreement number 300002 defaulted on 11th April 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
____________________________________________________________________________________________________________________________________________________
In the Petty Debts Court of Jersey
Before P. C. Harris, Judge, on 21st June 2023.
BETWEEN
Brunel Management Limited
by Assignment from
The Jersey Homes Trust (Assignor)
PLAINTIFF
and
Rhian Lucy McGregor
Flat 74, Victoria Place, La Route du Port Elizabeth, St.Helier, Jersey, JE2 4ER.
DEFENDANT
THE DEFENDANT not having appeared, but having paid the sum of £242.83 claimed by the Plaintiff in respect of rental arrears for the period from 1st May to 31st May 2023, for the occupation of Flat 74, Victoria Place, La Route du Port Elizabeth, St. Helier, due to the Plaintiff under the terms of a Tenancy Agreement dated 1st September 2020, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the fixed costs of the action in accordance with Practice Direction PD 18/01;
b) 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.
BM
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
In the Petty Debts Court of Jersey
Before P. C. Harris, Judge, on 21st June 2023.
BETWEEN
Christopher Davies trading as Bespoke Bedrooms & Kitchens Cl
PLAINTIFF
and
Chris Huish trading as CH Carpentry
Flat 1, Aylesbury House, Bagatelle Road, St. Saviour, Jersey, JE2 7TA
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £7,339.62 comprising (i) £6,940.62 in respect of an invoice for kitchen furniture dated July 2022 and (ii) £399.00 in respect of an invoice for the supply of a fridge/freezer in August 2022;
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
____________________________________________________________________________________________________________________________________________________
In the Petty Debts Court of Jersey
Before P. C. Harris, Judge, on 21st June 2023.
BETWEEN
Coastal Carpentry and Building Contractors 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 £3,201.60 in respect of invoice numbers 270 and 273 for works carried out at the site "Hillside" in 2022;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from this 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.
PA
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
In the Petty Debts Court of Jersey
Before P. C. Harris, Judge, on 21st June 2023.
The Court granted the application of Fletcher Products Limited trading as Heritage Joinery (the "Plaintiff") to abandon the benefit of judgment obtained by default against lnline Group Limited (the "Defendant"), of Unit 1, Freemont Perle, Mont Mado, St. John, Jersey, JE3 4DN on the 26th April 2023 in the sum of £14,909.62, 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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