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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 15 March 2021.
Before P. C. Harris, Judge, on 10th March 2021.
BETWEEN
Brunel Management Limited by Assignment dated 23rd February 2021
from The Jersey Homes Trust (Assignor)
PLAINTIFF
and
Billy Minchington (as Executor for Michael Minchington)
Flat 3, Earl Grainville, Providence 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 £1,031.07 comprising: (i) £782.56 in respect of rental arrears for May 2018, (ii) £15.62 in respect of an outstanding gas account, and (iii) £232.89 in respect of costs for final repairs, all due to the Plaintiff under the terms of a Tenancy Agreement and a guarantee document dated 7th December 2000 for the occupation of Flat 70, Belle Vue, La Route des Quennevais, St. Brelade, less the sum of £420.00;
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.
BM
GREFFIER SUBSTITUTE
Before P. C. Harris, Judge, on 10th March 2021.
BETWEEN
Booroola (Jersey) Limited
PLAINTIFF
and
Neil Martin Coleman
C/o Radisson Blu Waterfront Hotel, La Rue de L'Etau, St. Helier, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £16,444.44 in respect of the balance of a Close Finance (Cl) Ltd personal loan agreement number 30026915 dated 2nd November 2019, which debt was assigned to the Plaintiff on 23rd August 2019, less the sum of £1,000.00;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from 23rd August 2019 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 10th March 2021.
BETWEEN
Les Vaux Housing Trust
PLAINTIFF
and
Ben De La Haye
Flat 3, Warwick House, Landscape Grove, Le Mont Cochon, St. Helier, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £4,746.54 in respect of rental arrears for the property Flat 3, Warwick House, for the period from 1st June 2020 to 1st February 2021;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from 1st February 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 10th March 2021.
BETWEEN
Brunel Management Limited
by Assignment dated 23rd February 2021
from The Jersey Homes Trust (Assignor)
PLAINTIFF
and
John Joseph Powell
Flat 59, Belle Vue, La Route des Quennevais, St. Brelade, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £2,552.22 in respect of rental arrears comprising: (i) £45.57 for October 2020, (ii) £835.55 for November 2020, (iii) £835.55 for December 2020, and (iv) £835.55 for January 2021;
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.
BM
GREFFIER SUBSTITUTE
Before P. C. Harris, Judge, on 10th March 2021.
BETWEEN
Brunel Management Limited
by Assignment dated 23rd February 2021
from The Jersey Homes Trust (Assignor)
PLAINTIFF
and
Samantha Monet
Flat 17, St. Saviour's Court, St. Saviour's Road, St. Helier, Jersey
FIRST DEFENDANT
and
Bernadette Francis Le Warne (as Guarantor)
No.54 Hampshire Gardens, St. Helier, Jersey.
SECOND DEFENDANT
THE FIRST DEFENDANT having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £1,663.40 in respect of rental arrears comprising: (i) £639.06 for December 2020 and (ii) £1,024.34 for January 2021, due to the Plaintiff under the terms of a Tenancy Agreement and a guarantee document dated 7th April 2010 for the occupation of Flat 17, St. Saviour's Court, St. Saviour's Road, St. Helier;
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 the personal property of the First 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 First Defendant is aware of the making of the distraint and the wages of the First Defendant to be arrested to the extent of £80.00 per week.
FURTHERMORE, the Court adjourned the proceedings against the Second Defendant Sine Die.
BM
GREFFIER SUBSTITUTE
Before P. C. Harris, Judge, on 10th March 2021.
BETWEEN
Cashback Limited
by Assignment dated 11th February 2021
from
Dr. Nigel Minihane & Others exercising the profession of medical practitioner under the name and style of Castle Quay Medical Practice (Assignor)
PLAINTIFF
and
Adriana Lucia Eva Boscariol
Flat 5, Langtry House, 40 La Motte 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 £1,445.00 in respect of an account rendered dated 17th 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 10th March 2021.
BETWEEN
Cashback Limited
by Assignment dated 11th February 2021
from
Brendan Charles Kellett & Others exercising the profession of medical practitioner under the name and style of the Island Medical Centre (Assignor)
PLAINTIFF
and
Nadia Patricia Abreu Sousa
Flat 7, Vauvert Court, La Route de St. Aubin, St. Helier, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £135.00 in respect of an account rendered dated 19th September 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 10th March 2021.
BETWEEN
Cashback Limited
by Assignment dated 15th February 2021
from
Brendan Charles Kellett & Others exercising the profession of medical practitioner under the name and style of the Island Medical Centre (Assignor)
PLAINTIFF
and
Diogo Filipe Nascimento
Trinity Arms, La Rue Es Picots, Trinity, 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 17th May 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 10th March 2021.
BETWEEN
Cashback Limited
by Assignment dated 15th February 2021
from
Brendan Charles Kellett & Others exercising the profession of medical practitioner under the name and style of the Island Medical Centre (Assignor)
PLAINTIFF
and
George Sorin Popa
Flat 3, 12 Sand 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 £104.00 in respect of an account rendered dated 10th 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 10th March 2021.
BETWEEN
Cashback Limited
by Assignment dated 11th February 2021
from
Brendan Charles Kellett & Others exercising the profession of medical practitioner under the name and style of the Island Medical Centre (Assignor)
PLAINTIFF
and
Jason Maindonald
Flat 17, Kingsworthy, La Vallee de St. Pierre, St. Lawrence, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £121.18 in respect of an account rendered dated 29th April 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 10th March 2021.
BETWEEN
Cashback Limited
by Assignment dated 11th February 2021
from
Dr. Nigel Minihane & Others exercising the profession of medical practitioner under the name and style of Castle Quay Medical Practice (Assignor)
PLAINTIFF
and
Lee Jonathan Stoneman
3 Le Geyt Flats, Le Geyt 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 £30.00 in respect of an account rendered dated 24th August 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 10th March 2021.
BETWEEN
Close Finance (Cl) Limited
PLAINTIFF
and
Gina Micaela Da Silva
4 Apollo Court, 19 Gloucester 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 £1,358.29 in respect of the balance of a personal loan agreement number 30064896 dated 30th January 2020;
b) contractual interest thereon on any outstanding balance in accordance with Practice Direction PD 05/4 at 8% per annum from 1st November 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.
CL
GREFFIER SUBSTITUTE
Before P. C. Harris, Judge, on 10th March 2021.
BETWEEN
Close Finance (Cl) Limited
PLAINTIFF
and
Filipe Emmanuel Pimenta Goncalves Moura
La Prairie, 4 Le Clos de Sargeant, Le Chemin des Maltieres, Grouville, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £3,981.62 in respect of the balance of a personal loan agreement number 30060697 dated 3rd February 2018;
b) contractual interest thereon on any outstanding balance in accordance with Practice Direction PD 05/4 at 8% per annum from 23rd November 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.
CL
GREFFIER SUBSTITUTE
Before P. C. Harris, Judge, on 10th March 2021.
BETWEEN
Close Finance (Cl) Limited
PLAINTIFF
and
Luis Perestrelo Melim
Flats, 78 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 £4,671.22 in respect of the balance of a personal loan agreement number 30061486 dated 9th October 2018;
b) contractual interest thereon on any outstanding balance in accordance with Practice Direction PD 05/4 at 8% per annum from 10th September 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.
CL
GREFFIER SUBSTITUTE
Before P. C. Harris, Judge, on 10th March 2021.
BETWEEN
Drain It Limited
PLAINTIFF
and
Alice Ladu
Ker Marguerite, 1 Le Quai Bisson, Le Boulevard, St. Brelade, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £163.08 in respect of an account rendered dated 31st July 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 10th March 2021.
The Court granted the application of Macanq Limited trading as l51 Call Plumbing & Heating (the "Plaintiff") to abandon the benefit of judgment obtained by default against Ryan Jess (the "Defendant"), of 1 Bagot Manor Court, Fountain Lane, St. Saviour, on 10th February 2021 in the sum of £46.20, 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 10th March 2021.
BETWEEN
Zoe Blomfield & Others
practicing under the name and style of Viberts
PLAINTIFF
and
Carl Rodrigues De Franca
25 Les Vaux, Les Grands Vaux, St. Saviour, Jersey.
DEFENDANT
THE DEFENDANT having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £5,574.49 in respect of several invoices dated between July 2018 and September 2020 for legal fees;
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.
V
GREFFIER SUBSTITUTE
Before P. C. Harris, Judge, on 10th March 2021.
WHEREAS (1) on 20th March 2020, Ian Gregory Henderson (the "Plaintiff”) of Apartment 3, La Rocco Apartments, La Pulente, St. Brelade, actioned Roger Hanks (the "Defendant”) of Felicite, La Route de La Haule, Beaumont, St. Peter, for £22,475.71 which Ms Jean Hanks retained and converted to her own use after the Plaintiff's tutelle came to an end on 22nd May 2003, in breach of her obligations as tutrice under the said tutelle and/or in breach of trust.
(2) On 15th July 2020, the Defendant having appeared and contested the claim, the Court adjourned the proceedings for the parties to attend a mediation hearing.
(3) On 13th August 2020, the parties having failed to reach an agreement at mediation, the Court adjourned the proceedings and directed that both parties file and exchange pleadings.
(4) On 14th October 2020, the Court issued further Directions to progress the case to trial.
(5) On 22nd January 2021, the parties agreed terms to settle the claim.
(6) On l51 March 2021, the terms of settlement having not been honoured, the Plaintiff requested that the case be returned to Court on 10th March 2021 in order to apply for judgment against the Defendant.
NOW TODAY, having heard from the Plaintiff personally and the Defendant through his Advocate, the Court:
(1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £27,500.00.
b) interest thereon in accordance with Practice Direction PD 05/3 from 23rd February 2021 to the date of payment.
c) £800.00 representing the fixed costs of the action in accordance with Practice Direction PD 18/01 comprising: (i) £200.00 in respect of court fees and (ii) £600.00 representing court costs; and
d) interest on such costs from this day to the date of payment in accordance with Practice Direction PD 05/4, and
-END-
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