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In this section, Bailiwick Express circulates 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 26 July 2021.
Before B. L. Shaw, Judge, on 21st July 2021.
BETWEEN
Union Property Holdings Limited
PLAINTIFF
and
Stephen Le Neveu
Flat 5, Union House Flats, 18 - 20 Union 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 £10,492.16 in respect of rental arrears for the property Flat 5, Union House Flats, 18 - 20 Union Street, 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:
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 21st July 2021.
BETWEEN
Delicate Dental Limited
PLAINTIFF
and
Allan Henry
4 Sandringham Villas, 82 Stopford 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 £414.00 in respect of dental treatment received for the period from 5th to 22nd February 2021;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from 22nd 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 21st July 2021.
BETWEEN
Forward Group Limited
PLAINTIFF
and
Quantum Evolve Limited
Beauport House, L'Avenue de la Commune, St. Peter, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £6,623.74 in respect of accountancy fees for the period from 10th March 2020 to 16th April 2021;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from 16th April 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 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 B. L. Shaw, Judge, on 21st July 2021.
BETWEEN
Forward Group Limited
PLAINTIFF
and
Red Sun Investments Limited
Beauport House, L' Avenue de la Commune, St. Peter, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, but having paid the sum of £1,046.25 claimed by the Plaintiff in respect of accountancy fees for the period from 2nd October 2020 to 16th April 2021, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) interest on £1,046.25 at the appropriate daily rate in accordance with Practice Direction PD 05/3 from 16th April 2021 to the date of payment;
b) the fixed costs of the action in accordance with Practice Direction PD 18/01;
c) 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 B. L. Shaw, Judge, on 21st July 2021.
BETWEEN
Jersey Airtel Limited
PLAINTIFF
and
John William Cowan
Circle Office Mumbai, 16 Union 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 £48.06 in respect of a telecommunications account dated from the 1st February 2021 to 1st May 2021 for line rental and early termination fees;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from 1st 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.
SF
GREFFIER SUBSTITUTE
Before B. L. Shaw, Judge, on 21st July 2021.
BETWEEN
Jersey Airtel Limited
PLAINTIFF
and
Kerry Ann Johansen
Flat 2, Aspley 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 £68.26 in respect of a telecommunications account dated from the 1st December 2020 to 1st February 2021 for line rental and early termination fees;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from pt 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 21st July 2021.
BETWEEN
Close Finance (Cl) Limited
PLAINTIFF
and
Joao Luis Travassos Vieira
D307 W4, Westmount, Westmount 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 £11,873.91 in respect of the balance due under Personal Loan Agreement number 30059288 dated 29th January 2018;
b) contractual interest thereon on any outstanding balance in accordance with Practice Direction PD 05/4 at the rate of 8% per annum from 15th April 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 21st July 2021.
The Court granted the application of Cashback Limited as Assignee of 5.1. Ryan and Others exercising the profession of medical practitioner under the name and style of Route du Fort Surgery (the "Plaintiff') to abandon the benefit of judgment obtained by default against Victor Matfield (the "Defendant"), of 16 Harbour Reach Apartments, La Rue de Carteret, St. Helier, on 23rd June 2021 in the sum of £40.00, 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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