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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 31st August 2022.
Before B. L. Shaw, Judge, on 31st August 2022.
BETWEEN
The Treasurer of the States
PLAINTIFF
and
Graeme Walker
4 St. Andrew's Court, Le Clos St. Andre, St. Andrew's Road, St. Helier, Jersey, JE2 3WG.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £423.12 in respect of an overpayment of Income Support, less the sum of £280.74;
b) the fixed costs of the action in accordance with Practice Direction PD 18/01; 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.
LOD
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
Before B. L. Shaw, Judge, on 31st August 2022.
The Court granted the application of The Treasurer of the States (the "Plaintiff") to abandon the benefit of judgment obtained by default against Eida Construction Limited (the "Defendant"), of B802, W2 Westmount Road, St. Helier, Jersey, on the 3rd August 2022 in the sum of £12,194.38, interest and costs, and furthermore the Court ord r d hat the details thereof be expunged from the records of the Court.
LOD
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
Before B. L. Shaw, Judge, on 31st August 2022.
BETWEEN
Cleveland Clinic (2008) Limited
PLAINTIFF
and
Maria Gabriella Fernandes De Azevedo
1 Tower Maisonettes, Tower Road, St. Helier, Jersey, JE2 3HS.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £99.00 in respect of an account rendered dated 29th 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 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 B. L. Shaw, Judge, on 31st August 2022.
BETWEEN
Norman Limited
PLAINTIFF
and
Remodel Limited
Richmond House, 8 David Place, St. Helier, Jersey, JE2 4TD
FIRST DEFENDANT
Leon Michael Ellis
Cabot House, La Rue a Don, Grouville, Jersey, JE3 9GB.
SECOND DEFENDANT
THE DEFENDANTS not having appeared, the Court:
1) condemned the Defendants to pay to the Plaintiff:
a) the sum of £6,621.60 in respect of an account rendered dated 31st January 2022 which was personally guaranteed by the Second Defendant, as appears by the limited company guarantee agreement dated 21st April 2021, less the sum of £1,900.00;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from 3pt January 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, 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 Defendant to be arrested to the extent of £80.00 per week.
CL
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
Before B. L. Shaw, Judge, on 31st August 2022.
BETWEEN
Avagrace Properties Limited
PLAINTIFF
and
Daniel Roberts
Flat 3, Oakleigh, 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 £6,342.00 in respect of rental arrears for Flat 3, Oakleigh, La Route de St. Aubin, less the sum of £4,000.00 comprising: (i) £510.00 due on pt June 2022 (balance), (ii) £916.00 due on pt July 2022 and (iii) £916.00 due on 1st 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 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 B. L. Shaw, Judge, on 31st August 2022.
BETWEEN
Cashback Limited
by Assignment dated 10th August 2022
from
Tony Del Amo, Paul Scally, Matthew Godden and Marianne Shaw exercising the professions
of Advocate and Solicitor under the name and style of Le Gallais & Luce (Assignor)
PLAINTIFF
and
Graeme Michael Robert Ludlow and Emily Clare Ludlow
2 Le Hurel Cottages, La Rue du Hurel, Trinity, Jersey, JE3 SJR
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendants to pay to the Plaintiff:
a) the sum of £1,575.00 in respect of an account rendered dated 24th February 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, 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.
CL
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
Before B. L. Shaw, Judge, on 31st August 2022.
BETWEEN
Cashback Limited
by Assignment dated 10th August 2022
from
Richard Honeycombe, Connetable of the Parish of St. Ouen (Assignor)
PLAINTIFF
and
Paul Norman Morris
Flat 3, La Maison du Puissance, La Rue des Marettes, St. Ouen, Jersey, JE3 2HW.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1} condemned the Defendant to pay to the Plaintiff:
a) the sum of £171.02 in respect of Parish Rates and surcharge for the year 2021;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from gth 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
____________________________________________________________________________________________________________________________________________________
Before B. L. Shaw, Judge, on 31st August 2022.
BETWEEN
Close Finance (Cl) Limited
PLAINTIFF
and
Gilbert Opena
Apartment B411, 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 £3,183.96 in respect of the balance due under Personal Loan Agreement number 30067673 dated 14th July 2021;
b) contractual interest thereon on any outstanding balance in accordance with Practice Direction PD 05/4 at the rate of 8% per annum from 30th 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 B. L. Shaw, Judge, on 31st August 2022.
BETWEEN
Close Finance (Cl) Limited
PLAINTIFF
and
Katrina Jarman
43 Keith Baal Gardens, La Colomberie, St. Helier, Jersey, JE2 4GE.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £1,302.96 in respect of the balance due under Personal Loan Agreement number 30066899 dated 8th March 2021;
b) contractual interest thereon on any outstanding balance in accordance with Practice Direction PD 05/4 at the rate of 8% per annum from 31st 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 B. L. Shaw, Judge, on 31st August 2022.
BETWEEN
Falles Accident Repair Centre Limited
PLAINTIFF
and
Vitor Manuel Marques Azevedo
1 Tower Road Maisonettes, Tower Road, St. Helier, Jersey, JE2 3HS.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £397.30 in respect of an account rendered dated 17th 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 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 B. L. Shaw, Judge, on 31st August 2022.
BETWEEN
Lister House Associates Limited
PLAINTIFF
and
Dylan Ellis
10 General Don Apartments, The Parade, St. Helier, Jersey, JE2 3DW.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £147.00 in respect of an account rendered dated 11th 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.
CL
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
Before B. L. Shaw, Judge, on 31st August 2022.
BETWEEN
Lister House Associates Limited
PLAINTIFF
and
Lauren Mary Jones
84 Le Clos Mourant, School Road, Le Squez, St. Clement, Jersey, JE2 6ET
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £178.50 comprising (i) £78.00 in respect of an account rendered dated 19th October 2018 and (ii) £32.00 in respect of an account rendered dated 25th November 2021;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from 25th 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
____________________________________________________________________________________________________________________________________________________
Before B. L. Shaw, Judge, on 31st August 2022.
BETWEEN
SGB Hire (Channel Islands) Limited
PLAINTIFF
and
Figueiras Construction Limited
Suite 5, Longueville Business Centre, Longueville Road, St. Saviour, Jersey, JE2 7SA
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £378.37 comprising (i) £30.45 in respect of an account rendered dated 30th April 2022, (ii) £73.87 in respect of an account rendered dated 13th May 2022, (iii) £121.80 in respect of an account rendered dated 3pt May 2022 and (iv) £152.25 in respect of an account rendered dated 30th June 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 B. L. Shaw, Judge, on 31st August 2022.
BETWEEN
Voisins Department Store Limited
PLAINTIFF
and
Simon Williams
4 Three Oaks Farm, La Grande Route de St. Laurent, St. Lawrence, Jersey, JE3 1NG.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £523.21 in respect of an account rendered dated pt June 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 B. L. Shaw, Judge, on 31st August 2022.
BETWEEN
Dotty Wilmont
PLAINTIFF
and
Sam Du Bois
Apartment 20, International House, Don Road, St. Helier, Jersey, JE2 4JE
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £544.36 comprising: (i) £209.76 in respect of fifty per cent of electricity bills for November and December 2021 and (ii) £334.60 in respect of damage to furniture and fittings, both related to a flat the Plaintiff shared with the Defendant;
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
____________________________________________________________________________________________________________________________________________________
Before B. L. Shaw, Judge, on 31st August 2022.
BETWEEN
Marion A. Smith by her Attorney lvo Le Maistre-Smith
PLAINTIFF
and
Daylan Culkin
Netherfields, La Route de Vinchelez, St. Ouen, Jersey, JE3 2DA.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £3,865.82 comprising: (i) £3,825.00 in respect of rental arrears and (ii) £40.82 in respect of electricity arrears;
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
____________________________________________________________________________________________________________________________________________________
Before B. L. Shaw, Judge, on 31st August 2022.
BETWEEN
Martin Webster
PLAINTIFF
and
Marco Baptista
Flat 4, 103 Halkett Place St. Helier, Jersey, JE2 4WH.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £1,078.73 in respect of rental arrears for the months of July and August 2022, less the sum of £547.25;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from this day to the date of payment;
c) the fixed costs of the action in accordance with Practice Direction PD 18/01;
d) interest on such costs from this day to the date of payment in accordance with Practice Direction PD 05/4; and
2) authorised the Plaintiff to cause:
a) the personal property of the Defendant to be arrested and sold, providing that no sale of movables on which a distraint has been made shall take place without the leave of the Court unless the Viscount is satisfied that the Defendant is aware of the making of the distraint; and
b) the wages of the Defendant to be arrested to the extent of £80.00 per week.
PA
GREFFIER SUBSTITUTE
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