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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 Monday 16 August 2021.
Before P. C. Harris, Judge, on 18th August 2021.
BETWEEN
APC Limited
Brunel Management Limited by Assignment dated 20th July 2021 from The Jersey Homes Trust (Assignor)
(the "PLAINTIFF")
and
Claire Victoria Boreham (the "FIRST DEFENDANT") and
Jonathan Paul Boreham (the "SECOND DEFENDANT")
No. 16 Le Jardin Fleuri, La Rue A Don, Grouville, Jersey.
1) condemned the First Defendant to pay to the Plaintiff:
a) the sum of £3,052.30 in respect of rental arrears comprising: (i) £313.84 for April 2021, (ii) £1,369.23 for May 2021 and (iii) £1,369.23 for June 2021, for the occupation of No. 16 Le Jardin Fleuri, La Rue A Don, Grouville, due to the Plaintiff under the terms of a Tenancy Agreement and guarantor document dated 27th April 2015;
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 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
b) 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 18th August 2021.
BETWEEN
Parish of St. Clement
PLAINTIFF
and
Jean Vincent
226 Le Marais, Rue de Maupertuis, St. Clement, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £686.41 in respect of Parish rates comprising: (i) £112.26 for the year 2013, (ii) £112.97 for the year 2014, (iii) £112.97 for the year 2015, (iv) £115.83 for the year 2017, (v) £115.83 for the year 2018 and (vi) £116.55 for the year 2019, less the sum of £360.00;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from 17th October 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 18th August 2021.
BETWEEN
Parish of St. Clement
PLAINTIFF
and
Jean Vincent
226 Le Marais, Rue de Maupertuis, St. Clement, Jersey
& 13 Les Petites Anquetils, Le Squez Road, St. Clement, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £115.12 comp rising: (i) £104.65 in respect of Parish rates and (ii) £10.47 in respect of a surcharge, both 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 21st 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) 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 18th August 2021.
BETWEEN
Better By Design (Jersey) Limited
PLAINTIFF
and
Jennifer Claire Toy
109 Les Cinq Chenes, Princes 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 £5,864.00 relating to accountant's fees for the Plaintiff's business "Purple Cabs", the purchase of a vehicle, temporary insurance, printing, office set up costs, materials and rent;
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 P. C. Harris, Judge, on 18th August 2021.
BETWEEN
Wai Man Lam
PLAINTIFF
and
Robin Hood Curry House Limited
3 Union Court, 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 £17,389.64 in respect of a judgment awarded by the Jersey Employment Tribunal dated 3rd June 2021;
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 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.
PA
GREFFIER SUBSTITUTE
Before P. C. Harris, Judge, on 18th August 2021.
BETWEEN
lo Kuong Fong
PLAINTIFF
and
Robin Hood Curry House Limited
3 Union Court, 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 £6,726.06 in respect of a judgment awarded by the Jersey Employment Tribunal dated 3rd June 2021;
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 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.
PA
GREFFIER SUBSTITUTE
Before P. C. Harris, Judge, on 18th August 2021.
BETWEEN
Zhao Hui Chen
PLAINTIFF
and
Robin Hood Curry House Limited
3 Union Court, 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 £22,012 .56 in respect of a judgment awarded by the Jersey Employment Tribunal dated 3rd June 2021;
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 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.
PA
GREFFIER SUBSTITUTE
Before P. C. Harris, Judge, on 18th August 2021.
BETWEEN
APC Limited
PLAINTIFF
and
Miguel Pedro Gomes
Flat 65, Marett Court, St. Helier, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £6,972 .50 in respect of rental arrears for the property Flat 65, Marett Court, St. Helier, for the period from 29th December 2018 to 2nd August 2021;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from 8th 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 18th August 2021.
BETWEEN
M J Touzel (Insurance Brokers) Limited trading as Islands Insurance
PLAINTIFF
and
Miguel Ciares Rodrigues
2 Brookland Apartments, Le Blanc Mondin, La Rue des Pres, St. Saviour, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £147.33 in respect of the balance of motor insurance policy number 6191110E dated 2nd January 2021, for vehicle registration J111792;
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 18th August 2021.
BETWEEN
NA Services Limited
PLAINTIFF
and
Michael Ward
40 The Willows, La Rue de La Potteries, Rue Horman, Grouville, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £74.00 comprising: (i) £24.00 in respect of invoice 6920 dated 23rd June 2020, (ii) £25.00 in respect of invoice 7132 dated 28th July 2020 and (iii) £25.00 in respect invoice 7169 dated 25th August 2020 for window cleaning;
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 18th August 2021.
BETWEEN
Skyfall Collections Limited
by Assignment from
Dr. Dean Balbes & Partners trading as Indigo Medical (Assignor)
PLAINTIFF
and
Steven Farnden
No. 7 Le Clos de Monique, La Grande Route de La Cote, St. Clement, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £56.00 in respect of several accounts rendered dated between 28th September 2020 and 2nd August 2021 for unpaid medical fees;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from 2nd August 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 18th August 2021.
BETWEEN
Skyfall Collections Limited
by Assignment from
Dr. Dean Balbes & Partners trading as Indigo Medical (Assignor)
PLAINTIFF
and
Tomasz Pulak
Flat 4, 2 Belmont Villa Apartments, 27 Simon Place, St. Helier, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £170 .00 in respect of several account s rendered dated between 24th September 2020 and 2nd August 2021 for unpaid medical fees;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from 2nd August 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 18th August 2021.
BETWEEN
Skyfall Collections Limited
by Assignment from
Dr. Dean Balbes & Partners trading as Indigo Medical (Assignor)
PLAINTIFF
and
Erica Okorie
10 Ernest Briard Crescent, 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 £80.00 in respect of several accounts rendered dated between 22nd February 2021 and 2nd August 2021 for unpaid medical fees;
b) interest thereon at the appropriate daily rate on any out standing balance in accordance with Practice Direction PD 05/3 from 2nd August 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 movable s 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 18th August 2021.
BETWEEN
Absolute Pest Control Limited
PLAINTIFF
and
Mr. N. Flood
Flat 2, Evesham House, 10 Val Plaisant, 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 15th March 2021;
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 movable s 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 18th August 2021.
BETWEEN
Cleveland Clinic (2008) Limited
PLAINTIFF
and
Sean Ring
Flat 1, 1 Peter 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 £169.20 in respect of an account rendered dated 14th April 2021;
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 movable s 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 18th August 2021.
BETWEEN
Close Finance (Cl) Limited
PLAINTIFF
and
Ruben Kerey Crespel
Fairholme Guest House, Roseville 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 £1,718.52 in respect of the balance due under Personal Loan Agreement number 96000313 dated 29th January 2020;
b) contractual interest thereon on any outstanding balance in accordance with Practice Direction PD 05/4 at the rate of 8% per annum from 24th 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 movable s 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 18th August 2021.
BETWEEN
DM Dental Services Limited
PLAINTIFF
and
Claire Allenet
Scotia, 7 Les Fourneaux Estate, La Rue de La Corbiere, St. Brelade, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £230.00 in respect of an account rendered dated 30th June 2021;
b) contractual interest thereon on any outstanding balance in accordance with Practice Direction PD 05/4 at the rate of 8% per annum from 24th 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 movable s 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 18th August 2021.
BETWEEN
First Medical Limited
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 21st July 2021;
b) contractual interest thereon on any outstanding balance in accordance with Practice Direction PD 05/4 at the rate of 8% per annum from 24th 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 movable s 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 18th August 2021.
BETWEEN
Jersey X-Ray Services Limited
PLAINTIFF
and
Joel Kibirige
Hampshire Mews, Byron 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 £126.00 in respect of an account rendered dated 27th January 2021;
b) contractual interest thereon on any outstanding balance in accordance with Practice Direction PD 05/4 at the rate of 8% per annum from 24th 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 movable s 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 18th August 2021.
The Court granted the application of Wai Man Lam (the "Plaintiff") to abandon the benefit of judgment obtained by default against Robin Hood (Jersey) Limited (the "Defendant"), of 10 Union Street, St. Helier, on the 14th April 2021 in the sum of £17,389.64, interest and costs, and furthermore the Court ordered that the details thereof be expunged from the records of the Court.
PA
GREFFIER SUBSTITUTE
Before P. C. Harris, Judge, on 18th August 2021.
The Court granted the application of lo Kuong Fong (the "Plaintiff") to abandon the benefit of judgment obtained by default against Robin Hood (Jersey) Limited (the "Defendant"), of 10 Union Street, St. Helier, on the 14th April 2021 in the sum of £6,726.06, interest and costs, and furthermore the Court ordered that the details thereof be expunged from the records of the Court.
PA
GREFFIER SUBSTITUTE
Before P. C. Harris, Judge, on 18th August 2021.
The Court granted the application of Zhao Hui Chen (the "Plaintiff") to abandon the benefit of judgment obtained by default against Robin Hood (Jersey) Limited (the "Defendant"), of 10 Union Street, St. Helier, on the 14th April 2021 in the sum of £22,012.56, interest and costs, and furthermore the Court ordered that the details thereof be expunged from the records of the Court.
PA
GREFFIER SUBSTITUTE
Before P. C. Harris, Judge, on 18th August 2021.
The Court granted the application of Health Plus Limited (the "Plaintiff") to abandon the benefit of judgment obtained by default against Serena Vincent (the "Defendant"), of Flat 2, Hamilton Villas, 20 Raleigh Avenue, St. Helier, on the 28th July in the sum of £79.50, interest and costs, and furthermore the Court ordered that the details thereof be expunged from the records of the Court.
CL
GREFFIER SUBSTITUTE
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