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In this section, Bailiwick Express will be circulating the most recent decisions of the Petty Debts Court.
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Below you will find all the Petty Debt judgments for the week commencing 7 July 2021.
Before B. L. Shaw, Judge, on 30th June 2021.
BETWEEN
Parish of St. Helier
PLAINTIFF
and
James Graham
23 Maison Le Huquet, Grands Vaux Court, Les Grands Vaux, St. Helier, Jersey.
DEFENDANT
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £135.14 in respect of Parish Rates and surcharge for the year 2020;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from 16th 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.
POSH
GREFFIER SUBSTITUTE
Before B. L. Shaw, Judge, on 30th June 2021.
BETWEEN
Parish of St. Helier
PLAINTIFF
and
Victor Hugo Tomas De Mendoca
Flat 3, 10 Bond Street, St. Helier, Jersey.
DEFENDANT
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £135.14 in respect of Parish Rates and surcharge for the year 2020;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from 16th 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.
POSH
GREFFIER SUBSTITUTE
Before B. L. Shaw, Judge, on 30th June 2021.
BETWEEN
Parish of St. Helier
PLAINTIFF
and
Bianca Lena Lucas
Flat 4, Dolphin House, 52 La Colomberie, St. Helier, Jersey.
DEFENDANT
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £153.43 in respect of Parish Rates and surcharge for the year 2020;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from 16th 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.
POSH
GREFFIER SUBSTITUTE
Before B. L. Shaw, Judge, on 30th June 2021.
BETWEEN
Parish of St. Helier
PLAINTIFF
and
Charnah Botting
8 Bingham Court, South Hill, St. Helier, Jersey.
DEFENDANT
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £174.05 in respect of Parish Rates and surcharge for the year 2020;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from 16th 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.
POSH
GREFFIER SUBSTITUTE
Before B. L. Shaw, Judge, on 30th June 2021.
BETWEEN
Octavio Dos Santos trading as Elite DPF Cl
PLAINTIFF
and
Alexander McGuigan trading as Gem Properties Services
58 De Quetteville Court, Ann Street, St. Helier, Jersey.
DEFENDANT
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £1,311.12 in respect of invoice number 1166 dated 21st August 2020 for parts and service for vehicle registration J127291;
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 30th June 2021.
BETWEEN
24-7 Self Store Limited
PLAINTIFF
and
Rebecca De Paul
Beechwood House, La Rue de Crocquet, St. Brelade, Jersey.
DEFENDANT
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £4,410.00 in respect of outstanding invoices dated from 1st September 2019 and 31st April 2021, for storage charges;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from 13th November 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 B. L. Shaw, Judge, on 30th June 2021.
BETWEEN
Fernie (St. Saviour's Crescent) Limited
PLAINTIFF
and
Gabriel-Vasile Hodoroga
Room 14, 4 St. Saviour's Crescent, St. Saviour's Road, St. Saviour, Jersey.
DEFENDANT
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £1,705.52 in respect of rent due on 1st May 2021 for the property Room 14, 4 St. Saviour's Crescent, St. Saviour's Road;
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.
PA
GREFFIER SUBSTITUTE
Before B. L. Shaw, Judge, on 30th June 2021.
BETWEEN
Jersey Airtel Limited
PLAINTIFF
and
Samuel Kavanagh
19 La Roseraie, Le Mont Pinet, St. Helier, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £49.63 in respect of line rental for account number 1-2636399741653 dated for the period from 19th January 2021 to 19th February 2021;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from 19th 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 B. L. Shaw, Judge, on 30th June 2021.
BETWEEN
Jersey Airtel Limited
PLAINTIFF
and
Claudia Prince
2 Dorset Mews, Dorset 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 £172.40 in respect of line rental and roaming charges for account number 689138 for the period from 19th November 2020 to 19th February 2021;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from 19th 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 B. L. Shaw, Judge, on 30th June 2021.
BETWEEN
M J Touzel (Insurance Brokers) Limited trading as Islands Insurance
PLAINTIFF
and
Dania Lauren Olmi
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 £160.90 in respect of a payment due on 4th May 2021 for the cancellation of policy number 7727610;
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 B. L. Shaw, Judge, on 30th June 2021.
BETWEEN
Axe Investments Limited
PLAINTIFF
and
Craig Anthony Corbally
Flat 3, Verona Flats, La Grande Route des Sablons, Grouville, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £1,749.86 comprising (i) £912.00 in respect of rental arrears due on 1st April 2021 for Flat 3, Verona Flats, Grouville, (ii) £569.62 in respect of the proportion of rental due for the said premises from ist to 19th May 2021, (iii) £231.66 in respect of outstanding electricity charges and (iv) £36.58 in respect of outstanding water rates;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from 19th May 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 30th June 2021.
BETWEEN
Cashback Limited by Assignment dated 8th June 2021 from
Ian Dennis Robins in his capacity as Chairman of the Roseville Gardens Association (Assignor)
PLAINTIFF
and
Brian Rault
Oakdene, 9 Clarendon 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 £5,675.00 comprising:
(i) £5,000.00 in respect of a payment due on 31st December 2020 by each member of the Roseville Gardens Association as a contribution to the sinking fund for replacement windows and doors at Roseville Gardens;
(ii) £600.00 in respect of 2% per month interest from 1st January 2021 to 18th June 2021 for late payment of the agreed sum in accordance with the terms stated in the Articles of Association at Clause 13(f);
(iii) £75.00 in respect of a storage charge for the windows at £12.50 per month from 1st January 2021 to 1st June 2021;
b) contractual interest thereon on any outstanding balance in relation to (i) and (iii) in accordance with Practice Direction PD 05/4 at the rate of 2% per month from 8th June 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.
And on the application of the Plaintiff, it is ordered that this Act be registered in the Public Registry of this island.
CL
GREFFIER SUBSTITUTE
Before B. L. Shaw, Judge, on 30th June 2021.
BETWEEN
Falles Accident Repair Centre Limited
PLAINTIFF
and
Marco Nocentini
1 Greenhill Flats, Le Mont Nicolle, St. Brelade, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £323.44 in respect of an account rendered dated 31st October 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 B. L. Shaw, Judge, on 30th June 2021.
BETWEEN
J.W. Nagle Limited
PLAINTIFF
and
Paul Ian Macklin
50A Garden Lane, St. Helier, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £100.00 in respect of various loans made by the Plaintiff to the Defendant during the month of March 2020;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from 27th March 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 B. L. Shaw, Judge, on 30th June 2021.
BETWEEN
Neil Hunt Boiler Services Limited
PLAINTIFF
and
Dale Benest
Petite Etoile, Le Mont de L'Ecole, St. Peter, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £110.64 in respect of an account rendered dated 22nd December 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 B. L. Shaw, Judge, on 30th June 2021.
The Court granted the application of Silvio Alves Motor Repairs Limited (the "Plaintiff") to abandon the benefit of judgment obtained by default against Steven Fern (the "Defendant"), of 4 Albert Place, Le Quai Bisson, St. Brelade, on the 31st January 2018 in the sum of £731.14, interest and costs, and furthermore the Court ordered that the details thereof be expunged from the records of the Court.
SF
GREFFIER SUBSTITUTE
Before B. L. Shaw, Judge, on 30th June 2021.
The Court granted the application of Cashback Limited as Assignee of Carl Parslow exercising the profession of Advocate under the name and style of Parslows (the "Plaintiff") to abandon the benefit of judgment obtained by default against Nicola Ogden (the "Defendant"), of Vielle Fontaine, La Profonde Rue, St. Ouen, on the 31st July 2019 in the sum of £881.25, interest and costs, and furthermore the Court ordered that the details thereof be expunged from the records of the Court.
CL
GREFFIER SUBSTITUTE
Before B. L. Shaw, Judge, on 30th June 2021.
BETWEEN
Jose De Castro and Alice De Castro
PLAINTIFF
and
Jonathan Knight
Flat 5, Alexis Mews, 61A New Street, St. Helier, Jersey.
DEFENDANT
THE DEFENDANT having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiffs:
a) the sum of £2,750.00 in respect of rental arrears for Flat 5, Alexis Mews, 61a New Street, less the sum of £116.42;
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 Plaintiffs 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
-END-
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