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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 29 November 2023.
In the Petty Debts Court of Jersey
Before A. Clarke, Judge, on 29th November 2023.
BETWEEN
Andium Homes Limited
PLAINTIFF
and
Rachel Mary Kelley
21 Belle Vue, La Route des Quennevais, St. Brelade, Jersey, JE3 8NH.
DEFENDANT
The Defendant not having appeared, the Court ORDERED the Defendant to pay to the Plaintiff:
1) the sum of £1,581.47 in respect of arrears of rent for the property 28 Clos du Foyer, St. Clement, as at 25th February 2022, less the sum of £90.00;
2) statutory interest on any outstanding balance in accordance with Practice Direction PD 05/3 from the said date to the date of payment;
3) the fixed costs in accordance with Practice Direction PD 18/01;
4) interest on such costs in accordance with Practice Direction PD 05/4 from today to the date of payment;
and AUTHORISED the Plaintiff to have:
1) the personal property of the Defendant arrested and sold, providing that no sale shall take place without the Court's permission, unless the Viscount is satisfied that
the Defendant is aware that the goods have been arrested;
2) the wages of the Defendant arrested at the standard rate of £80.00 per week.
CL
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
In the Petty Debts Court of Jersey
Before A. Clarke, Judge, on 29th November 2023.
BETWEEN
Cashback Limited by Assignment dated 27th January 2023 from
Richard Honeycombe, Connetable of the Parish of St. Ouen (Assignor)
PLAINTIFF
and
Jean Margaret McGinn as Executrix of the Will of the late Margaret Ann Hi Ilion
Grantez Cottage, Le Vier Mont, St. Ouen, Jersey, JE3 2GW.
DEFENDANT
The Defendant not having appeared, the Court ORDERED the Defendant to pay to the Plaintiff:
1) the sum of £1,181.37 comprising; (i) £582.12 in respect of Parish rates and surcharge due on 8th November 2021 and (ii) £599.25 in respect of Parish rates and
surcharge due on 8th November 2022;
2) statutory interest on any outstanding balance in accordance with Practice Direction PD 05/3 from the said dates to the date of payment;
3) the fixed costs in accordance with Practice Direction PD 18/01;
4) interest on such costs in accordance with Practice Direction PD 05/4 from today to the date of payment;
and AUTHORISED the Plaintiff to have:
1) the personal property of the Defendant arrested and sold, providing that no sale shall take place without the Court's permission, unless the Viscount is satisfied that
the Defendant is aware that the goods have been arrested;
2) the wages of the Defendant arrested at the standard rate of £80.00 per week.
CL
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
In the Petty Debts Court of Jersey
Before A. Clarke, Judge, on 29th November 2023.
BETWEEN
Fuel Supplies (C.1.) Limited
PLAINTIFF
and
Gemma Gouveia
31 Clos de Paradis, La Pouquelaye, St. Helier, Jersey, JE2 3GT.
DEFENDANT
The Defendant not having appeared, the Court ORDERED the Defendant to pay to the Plaintiff:
1) the sum of £1,207.55 in respect of an account dated 22nd September 2023;
2) statutory interest on any outstanding balance in accordance with Practice Direction PD 05/3 from the said date to the date of payment;
3) the fixed costs in accordance with Practice Direction PD 18/01;
4) interest on such costs in accordance with Practice Direction PD 05/4 from today to the date of payment;
and AUTHORISED the Plaintiff to have:
1) the personal property of the Defendant arrested and sold, providing that no sale shall take place without the Court's permission, unless the Viscount is satisfied that
the Defendant is aware that the goods have been arrested;
2) the wages of the Defendant arrested at the standard rate of £80.00 per week.
CL
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
In the Petty Debts Court of Jersey
Before A. Clarke, Judge, on 29th November 2023.
BETWEEN
Jersey Village Vets Limited
PLAINTIFF
and
Nicola Louise Button
Mossgiel, La Rue Ferriere, St. Ouen, Jersey, JE3 2AN.
DEFENDANT
The Defendant not having appeared, the Court ORDERED the Defendant to pay to the Plaintiff:
1) the sum of £642.00 in respect of the balance of an account dated 31st October 2020, less the sum of £600.00;
2) statutory interest on any outstanding balance in accordance with Practice Direction PD 05/3 from 1st August 2022 to the date of payment;
3) the fixed costs in accordance with Practice Direction PD 18/01;
4) interest on such costs in accordance with Practice Direction PD 05/4 from today to the date of payment;
and AUTHORISED the Plaintiff to have:
1) the personal property of the Defendant arrested and sold, providing that no sale shall take place without the Court's permission, unless the Viscount is satisfied that
the Defendant is aware that the goods have been arrested;
2) the wages of the Defendant arrested at the standard rate of £80.00 per week.
CL
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
In the Petty Debts Court of Jersey
Before A. Clarke, Judge, on 29th November 2023.
BETWEEN
Cashback Limited by Assignment dated 14th April 2023 from
Cherry Godfrey Finance Limited (Assignor)
PLAINTIFF
and
Supansa Johnson
56 Liberation Court, St. Saviour's Road, St. Helier, Jersey, JE2 3WL.
DEFENDANT
The Defendant not having appeared, the Court ORDERED the Defendant to pay to the Plaintiff:
1) the sum of £20,342.50 in respect of the balance of personal loan agreement 804035 dated 6th April 2021;
2) contractual interest on any outstanding balance in accordance with Practice Direction PD 05/4 at 8% per annum from 10th October 2023 to the date of payment;
3) the fixed costs in accordance with Practice Direction PD 18/01;
4) interest on such costs in accordance with Practice Direction PD 05/4 from today to the date of payment;
and AUTHORISED the Plaintiff to have:
1) the personal property of the Defendant arrested and sold, providing that no sale shall take place without the Court's permission, unless the Viscount is satisfied that
the Defendant is aware that the goods have been arrested;
2) the wages of the Defendant arrested at the standard rate of £80.00 per week.
CL
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
In the Petty Debts Court of Jersey
Before A. Clarke, Judge, on 29th November 2023.
BETWEEN
Diagnostic Imaging Limited
PLAINTIFF
and
Scott Henry Da Silva
Apartment 21, Saviour's Place, St. Saviour's Road, St. Helier, Jersey, JE2 4FA.
DEFENDANT
The Defendant not having appeared, the Court ORDERED the Defendant to pay to the Plaintiff:
1) the sum of £535.00 in respect of an account dated 22nd May 2023;
2) statutory interest on any outstanding balance in accordance with Practice Direction PD 05/3 from the said date to the date of payment;
3) the fixed costs in accordance with Practice Direction PD 18/01;
4) interest on such costs in accordance with Practice Direction PD 05/4 from today to the date of payment;
and AUTHORISED the Plaintiff to have:
1) the personal property of the Defendant arrested and sold, providing that no sale shall take place without the Court's permission, unless the Viscount is satisfied that
the Defendant is aware that the goods have been arrested;
2) the wages of the Defendant arrested at the standard rate of £80.00 per week.
CL
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
In the Petty Debts Court of Jersey
Before A. Clarke, Judge, on 29th November 2023.
BETWEEN
Jersey X-Ray Services Limited
PLAINTIFF
and
Damon Pettigrew
Le Coin du Champ, Old Brickfield Lane, St. Saviour, Jersey, JE2 7SD.
DEFENDANT
The Defendant not having appeared, the Court ORDERED the Defendant to pay to the Plaintiff:
1) the sum of £278.25 in respect of an account dated 20th July 2023;
2) statutory interest on any outstanding balance in accordance with Practice Direction PD 05/3 from the said date to the date of payment;
3) the fixed costs in accordance with Practice Direction PD 18/01;
4) interest on such costs in accordance with Practice Direction PD 05/4 from today to the date of payment;
and AUTHORISED the Plaintiff to have:
1) the personal property of the Defendant arrested and sold, providing that no sale shall take place without the Court's permission, unless the Viscount is satisfied that
the Defendant is aware that the goods have been arrested;
2) the wages of the Defendant arrested at the standard rate of £80.00 per week.
CL
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
In the Petty Debts Court of Jersey
Before A. Clarke, Judge, on 29th November 2023.
BETWEEN
Reto Finance Limited
PLAINTIFF
and
Samuel James Raymond O'Reilly
No. 1 Highfield Gardens, Manor Park, La Pouquelaye, St. Helier, Jersey, JE2 3GL.
DEFENDANT
The Defendant not having appeared, the Court ORDERED the Defendant to pay to the Plaintiff:
1) the sum of £5,699.62 in respect of the balance of personal loan agreement 0000301255 defaulted on 1st August 2023;
2) statutory interest on any outstanding balance in accordance with Practice Direction PD 05/3 from the said date to the date of payment;
3) the fixed costs in accordance with Practice Direction PD 18/01;
4) interest on such costs in accordance with Practice Direction PD 05/4 from today to the date of payment;
and AUTHORISED the Plaintiff to have:
1) the personal property of the Defendant arrested and sold, providing that no sale shall take place without the Court's permission, unless the Viscount is satisfied that
the Defendant is aware that the goods have been arrested;
2) the wages of the Defendant arrested at the standard rate of £80.00 per week.
SF
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
In the Petty Debts Court of Jersey
Before A. Clarke, Judge, on 29th November 2023.
BETWEEN
Hampton Estates Limited
PLAINTIFF
and
Barqueiro Restaurant Limited
Green Road Corner Shop, La Greve d'Azette, St. Clement, Jersey, JE2 6QA.
DEFENDANT
The Defendant not having appeared, the Court ORDERED the Defendant to pay to the Plaintiff:
1) the sum of £17,038.96 comprising: (i) £859.99 in respect of sums paid to the Defendant's suppliers, (ii) £2,666.41 in respect of a Jersey Electricity Pie account, (iii)
£2,191.52 in respect of a Valley Foods Ltd account, (iv) £6,321.04 in respect of an HSBC business account and (v) £5,000.00 in respect of a deposit paid by the Plaintiff;
2) statutory interest on any outstanding balance in accordance with Practice Direction PD 05/3 from 3rd November 2023 to the date of payment;
3) the fixed costs in accordance with Practice Direction PD 18/01;
4) interest on such costs in accordance with Practice Direction PD 05/4 from today to the date of payment;
and AUTHORISED the Plaintiff to have the personal property of the Defendant arrested and sold, providing that no sale shall take place without the Court's permission, unless the Viscount is satisfied that the Defendant is aware that the goods have been arrested.
SF
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
In the Petty Debts Court of Jersey
Before A. Clarke, Judge, on 29th November 2023.
BETWEEN
Ports of Jersey Limited
PLAINTIFF
and
Jamie Holland
10 Clos St. Andrew, St. Helier, Jersey, JE2 3JH.
DEFENDANT
The Defendant not having appeared, the Court ORDERED the Defendant to pay to the Plaintiff:
1) the sum of £99.86 in respect of St. Helier mooring charges for the period from 22nd August 2023 to 21st August 2024 plus late payment fee, for vessel JY2299;
2) statutory interest on any outstanding balance in accordance with Practice Direction PD 05/3 from today to the date of payment;
3) the fixed costs in accordance with Practice Direction PD 18/01;
4) interest on such costs in accordance with Practice Direction PD 05/4 from today to the date of payment;
and AUTHORISED the Plaintiff to have:
1) the personal property of the Defendant arrested and sold, providing that no sale shall take place without the Court's permission, unless the Viscount is satisfied that
the Defendant is aware that the goods have been arrested;
2) the wages of the Defendant arrested at the standard rate of £80.00 per week.
POJ
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
In the Petty Debts Court of Jersey
Before A. Clarke, Judge, on 29th November 2023.
BETWEEN
Ports of Jersey Limited
PLAINTIFF
and
Jeremy Barnes
2 Gorey Village New Road, Gorey Village, Grouville, Jersey, JE2 9EY.
DEFENDANT
The Defendant not having appeared, the Court ORDERED the Defendant to pay to the Plaintiff:
1) the sum of £62.81 in respect of La Collette Marina daily charge for 20th June 2023 plus late payment fee, for vessel JY453;
2) statutory interest on any outstanding balance in accordance with Practice Direction PD 05/3 from today to the date of payment;
3) the fixed costs in accordance with Practice Direction PD 18/01;
4) interest on such costs in accordance with Practice Direction PD 05/4 from today to the date of payment;
and AUTHORISED the Plaintiff to have:
1) the personal property of the Defendant arrested and sold, providing that no sale shall take place without the Court's permission, unless the Viscount is satisfied that
the Defendant is aware that the goods have been arrested;
2) the wages of the Defendant arrested at the standard rate of £80.00 per week.
POJ
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
In the Petty Debts Court of Jersey
Before A. Clarke, Judge, on 29th November 2023.
BETWEEN
Martyna Czerny
PLAINTIFF
and
Robert Czerny
24 Regency House, Regent Road, St. Helier, Jersey, JE2 4UZ.
DEFENDANT
The Defendant not having appeared, the Court ORDERED the Defendant to pay to the Plaintiff:
1) the sum of £65.30 in respect of child maintenance rate increase for October and November 2023, as per an Order from the Royal Court dated 3rd September 2020;
2) statutory interest on any outstanding balance in accordance with Practice Direction PD 05/3 from today to the date of payment;
3) the fixed costs in accordance with Practice Direction PD 18/01;
4) interest on such costs in accordance with Practice Direction PD 05/4 from today to the date of payment;
and AUTHORISED the Plaintiff to have:
1) the personal property of the Defendant arrested and sold, providing that no sale shall take place without the Court's permission, unless the Viscount is satisfied that
the Defendant is aware that the goods have been arrested;
2) the wages of the Defendant arrested at the standard rate of £80.00 per week.
PA
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
In the Petty Debts Court of Jersey
Before A. Clarke, Judge, on 29th November 2023.
BETWEEN
Susannah Eilene Skye Mahe
APPLICANT
and
Brunel Management Limited
Brunel Chambers, Devonshire Place, St. Helier, Jersey, JE2 3RD.
RESPONDENT
WHEREAS on 4th October 2023, the Plaintiff obtained judgment by default against the Defendant who was ordered to pay the sum of £1,645.16 in respect of arrears of rent for the months of July 2023 and August 2023, for the property Flat 75, Victoria Place, St. Helier.
NOW TODAY, the Court having considered the application supported by Affidavit detailing the circumstances and history of the default judgment and heard from the Respondent that it is not opposing the application, the Court ORDERED that the details of the judgment be removed from the Court's records.
PA
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
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