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In this section, Bailiwick Express will be circulating the most recent decisions of the Petty Debts Court, in order to provide businesses with more information.
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Below you will find all the Petty Debt judgements for the week commencing 1 March 2021.
Before P. C. Harris, Judge, on 24th February 2021.
BETWEEN
Parish of St. Saviour
PLAINTIFF
and
Melanie Rose Adamson
7 Les Cinq Chenes Estate, Princess Tower Road, St. Saviour, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £185.72 comprising (i) £168.84 in respect of occupier Parish rates and (ii) £16.88 in respect of a surcharge due on 11th November 2020;
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 24th February 2021.
BETWEEN
Parish of St. Saviour
PLAINTIFF
and
Christine Ann Garraghan
19 Gordon Le Breton Close, Plat Douet Road, St. Saviour, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £136.62 comprising (i) £124.20 in respect of occupier Parish rates and (ii) £12.42 in respect of a surcharge due on 11th November 2020, less the sum of £105.00;
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.
SF
GREFFIER SUBSTITUTE
Before P. C. Harris, Judge, on 24th February 2021.
WHEREAS (1) on 29th January 2021, Close Finance (Cl) Limited (the "Plaintiff"), c/o Cashback Limited, P.O. Box 1021, St. Helier, actioned J.A. McKechnie Carpenters & Builders (2006) Limited (the "First Defendant") of Unit 5, Victoria Pier, St. Helier and Frank Wilson Pickett (the "Second Defendant"), of 22 Orchid Court, Mont Millais, St. Helier, for the sum of £1,055.03, interest and costs in respect of the balance due under Personal Loan Agreement number 30061681 dated 31st October 2018.
(2) on 10th February 2021, neither Defendant having appeared, the Court granted judgment in the sum claimed against the First Defendant and adjourned the proceedings against the Second Defendant to 24th February 2021.
NOW TODAY, the Second Defendant not having appeared, the Court:
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £1,055.03;
b) contractual interest thereon on any outstanding balance in accordance with Practice Direction PD 05/4 at the rate of 8% per annum from 19th October 2020 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) authorised the Plaintiff to cause the personal property of the Second 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 Second Defendant is 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 P. C. Harris, Judge, on 24th February 2021.
BETWEEN
NEVH Limited trading as New Era Veterinary Hospital
PLAINTIFF
and
Roberto Modonesi
12 Pomme D'Or Farm Estate, West Hill, St. Helier, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £2,057.19 in respect of an account rendered dated 30th November 2020;
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 24th February 2021.
BETWEEN
Arioso Jersey Properties Limited
PLAINTIFF
and
Monsoon Limited trading as Monsoon
Unit 1-4, Queensway House, St. Helier, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £14,126.03 in respect of service charges for the property Unit 2, Queensway House, St. Helier, for the period from 25th May 2020 to 25th December 2020;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from 25th December 2020 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.
SF
GREFFIER SUBSTITUTE
Before P. C. Harris, Judge, on 24th February 2021.
BETWEEN
L' Aphros Holdings Limited
PLAINTIFF
and
Bartosz Banaszkiewicz
12 St. Aubyn's Apartments, Rue du Crocquet, St. Brelade, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £4,528.64 comprising (i) £4,200.00 in respect of rental arrears for the property 12 St Aubyn's Apartments for the period from 1st August 2020 to 1st January 2021 and (ii) £328.64 in respect of electricity charges;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from 1st January 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.
SF
GREFFIER SUBSTITUTE
Before P. C. Harris, Judge, on 24th February 2021.
BETWEEN
Pepper Limited
PLAINTIFF
and
Raul Gaspar
Maison Gorey Hotel, Gorey Village Main Road, Grouville, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £1,807.85 comprising (i) £1,200.00 in respect of a loan agreed on 29th October 2020 and (ii) £607.85 in respect of bills arising from the damage caused to a customer's property, for taking down and rebuilding a damaged wall, the supply of new bolts and labour to re-fix a gate;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from 6th January 2020 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 24th February 2021.
BETWEEN
Vauxhall Holdings Limited
PLAINTIFF
and
Marin Mircea Alexandru
Room 3, 19 Vauxhall Street, St. Helier, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £820.00 in respect of rental arrears for the property Room 3, 19 Vauxhall Street, for the period from 30th November 2020 to 25th January 2021;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from 25th January 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.
SF
GREFFIER SUBSTITUTE
Before P. C. Harris, Judge, on 24th February 2021.
BETWEEN
Voisin-Hunter Limited
PLAINTIFF
and
Stephanie Lopes
Flat 2, 87 Rouge Bouillon, St. Helier, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £1,938.82 comprising (i) £1,504.52 in respect of rental arrears for the property Flat 2, 87 Rouge Bouillon, St. Helier, for the period from 1st November 2020 to 1st December 2020, (ii) £229.65 in respect of cleaning of the said premises and (iii) £104.90 in respect of replacement locks;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from 12th December 2020 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 24th February 2021.
BETWEEN
Cashback Limited
by Assignment dated 7th May 2019
from
D.J. Hamilton and Others exercising the profession of veterinary surgeon under the name and style of the New Era Veterinary Hospital (Assignor)
PLAINTIFF
and
Kimberley Medina Norman
3A Teighmore Park, La Chevre Rue, Grouville, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £372.61 in respect of the balance of an account rendered dated 13th March 2019;
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 24th February 2021.
BETWEEN
Elysian Gardens Limited
PLAINTIFF
and
Kimberley Medina Norman
3A Teighmore Park, La Chevre Rue, Grouville, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £590.00 in respect of the balance of an account rendered dated 22nd May 2018;
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 24th February 2021.
BETWEEN
The Channel Islands Co-Operative Society Limited trading as Co-Operative Medical Care
PLAINTIFF
and
Ernest John Moody
45 Le Grand Clos, St. John's Road, St. Helier, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £90.00 in respect of an account rendered dated 3rd September 2020;
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 24th February 2021.
BETWEEN
The Channel Islands Co-Operative Society Limited trading as Co-Operative Medical Care
PLAINTIFF
and
Graeme O'Halloran
Flat 39, Liberation Court, Brooklyn Street, St. Helier, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £49.00 in respect of an account rendered dated 28th September 2020;
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 24th February 2021.
BETWEEN
The Channel Islands Co-Operative Society Limited trading as Co-Operative Medical Care
PLAINTIFF
and
Martin Andrew Kane
Flat 4, Villa Anniri, La Route du Fort, St. Helier, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £63.00 in respect of an account rendered dated 30th December 2019;
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 24th February 2021.
The Court granted the application of Cashback Limited as Assignee of C.M.J. Credland and Others exercising the profession of dental surgeon under the name and style of The Parade Dental Group (the "Plaintiff") to abandon the benefit of judgment obtained by default against Dominic Basilio (the "Defendant"), of 2 Daisy Villas, Lewis Street, St. Helier, on the 12th December 2012 in the sum of £647.00, 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 24th February 2021.
The Court granted the application of Cashback Limited as Assignee of Dr. H.N. Gibson (the "Plaintiff") to abandon the benefit of judgment obtained by default against Diane WoodMcGrath (the "Defendant"), of Apartment 2, 2 Garlyckehythe, Janvrin Road, St. Helier, on the 9th December 2020 in the sum of £91.00, interest and costs, and furthermore the Court ordered that the details thereof be expunged from the records of the Court.
CL
GREFFIER SUBSTITUTE
-END-
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