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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 20 September 2021.
Before P. C. Harris, Judge, on 15th September 2021.
BETWEEN
The Treasurer of the States
PLAINTIFF
and
Martin O'Neill
The Mangle Shed, Rue de St. Thomas, Longueville, St. Saviour, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £17,146.88 in respect of Income Tax arrears comprising:
i) £5,766.00 for the year 2007,
ii) £5,589.20 for the year 2008,
iii) £579.40 for the year 2013,
iv) £625.07 for the year 2014,
v) £1,050.80 for the year 2015,
vi) £1,442.29 for the year 2016,
vii) £1,522.70 for the year 2017 and
viii) £571.42 for the year 2018;
b) the fixed costs of the action in accordance with Practice Direction PD 18/01; 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.
LOD
GREFFIER SUBSTITUTE
Before P. C. Harris, Judge, on 15th September 2021.
BETWEEN
Brunel Management Limited
by Assignment dated 20th August 2021
from
The Jersey Homes Trust (Assignor)
PLAINTIFF
and
Tania Cristina Da Silva Dias and Tiago Antonio Matos Fernandes
Flat 4, John Wesley Apartments, Cannon Street, St. Helier, Jersey.
DEFENDANTS
THE DEFENDANTS not having appeared, the Court:
1) condemned the Defendants to pay to the Plaintiff:
a) the sum of £1,054.80 in respect of rental arrears for the period from 1st to 31st July 2020, for the occupation of Flat 4, John Wesley Apartments, Cannon Street, St. Helier, due to the Plaintiff under the terms of a Tenancy Agreement and Guarantor document dated 5th December 2017, less the sum of £100.00;
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, jointly and severally:
a) the personal property of the Defendants 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 Defendants are aware of the making of the distraint; and
b) the wages of the Defendants to be arrested to the extent of £80.00 per week.
BM
GREFFIER SUBSTITUTE
Before P. C. Harris, Judge, on 15th September 2021.
BETWEEN
Angela Connolly
PLAINTIFF
and
Jodie Brolly (the "FIRST DEFENDANT")
and Andrew Heaton (the "SECOND DEFENDANT")
Summerhill, Le Vier Mount, Grouville, Jersey.
DEFENDANTS
THE DEFENDANTS not having appeared, the Court:
1) condemned the Second Defendant to pay to the Plaintiff:
a) the sum of £1,624.00 relating to the purchase of an iPhone on behalf of the Defendants, monies provided for flights to the UK, parking fines and impound fee whilst using the Plaintiff's vehicle and miscellaneous cash loans;
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 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 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.
FURTHERMORE, the Court adjourned the proceedings against the First Defendant Sine Die.
PA
GREFFIER SUBSTITUTE
Before P. C. Harris, Judge, on 15th September 2021.
BETWEEN
Base Limited trading as Genesis AV
PLAINTIFF
and
PA Electrical Services Limited
Suite 7, Longueville Business Centre, Longueville 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 £13,098.41 comprising:
i) £3,307.78 in respect of the balance of invoice dated 1st October 2018,
ii) £1,583.98 in respect of invoice dated 29th October 2018,
iii) £290.00 in respect of invoice dated 1st April 2019,
iv) £3,458.70 in respect of invoice dated 30th April 2019,
v) £384.00 in respect of invoice dated 21st May 2019,
vi) £3,484.95 in respect of invoice dated 31st May 2019,
vii) £30.00 in respect of invoice dated 12th August 2019,
viii) £325.00 in respect of invoice dated 17th September 2019, and
ix) £234.00 in respect of invoice dated 19th November 2019,
less the sum of £12,627.91;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from the said dates 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.
CL
GREFFIER SUBSTITUTE
Before P. C. Harris, Judge, on 15th September 2021.
BETWEEN
City Electrical Factors (Jersey) Limited
formerly Electrical Supplies and Machinery (Wholesale) Limited
PLAINTIFF
and
Connect Electrical Services Limited (THE "FIRST DEFENDANT")
and Tom Herbert (THE "SECOND DEFENDANT")
2nd Floor Sommerville House, Phillips Street, St. Helier, Jersey.
DEFENDANTS
THE DEFENDANTS not having appeared, the Court:
1) condemned the Defendants to pay to the Plaintiff:
a) the sum of £9,951.43 in respect of an account rendered dated 15th June 2021 entered into between the Plaintiff and the First Defendant, payment of which was personally guaranteed by the Second Defendant on 28th August 2020;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from 15th 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, jointly and severally:
a) the personal property of the Defendants 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 Defendants are 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 15th September 2021.
BETWEEN
Ports of Jersey Limited
PLAINTIFF
and
Andrew De La Haye
C/o Ocean Stock Holding Company 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 £3,362.65 comprising (i) £184.24 in respect of property rental and electricity for V12MB for the period from 17th December 2019 to 30th September 2021, (ii) £2,167.14 in respect of berthing charge for vessel J55 for the period from 1st July 2020 to 30th June 2021, (iii) £395.97 in respect of property rental for F37 for the period from 1st August 2020 to 31st July 2021, (iv) £397.38 in respect of parking permit for the period from 1st January 2020 to 31st December 2021, and (ii) £217.92 in respect of fixed electricity fee for property F24 for the period from 28th January 2021 to 31st July 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.
POJ
GREFFIER SUBSTITUTE
Before P. C. Harris, Judge, on 15th September 2021.
BETWEEN
Ports of Jersey Limited
PLAINTIFF
and
Richard Le Blond
44 Clos du Fort, Pier 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 £453.58 in respect of a berthing charge for vessel J50 for the period from 1st April 2021 to 30th September 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.
POJ
GREFFIER SUBSTITUTE
Before P. C. Harris, Judge, on 15th September 2021.
BETWEEN
Ports of Jersey Limited
PLAINTIFF
and
Sean McGahey
37 Keith Baal Gardens, St. Helier, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £313.07 comprising: (i) £267.16 in respect of St. Helier mooring charges for vessel JY1267 for the period from 1st August 2020 to 31st July 2021 and (ii) £45.91 in respect of the balance due for La Collette daily rate charges for the period from 28th to 30th June 2020;
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.
POJ
GREFFIER SUBSTITUTE
Before P. C. Harris, Judge, on 15th September 2021.
BETWEEN
B.G. Romeril and Company Limited
PLAINTIFF
and
Sean Kilgour
18 Jardin des Carreaux, Queen'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 £564.72 in respect of an overpayment of salary and holiday pay as set out in the Plaintiff's letter to the Defendant dated 21st 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 P. C. Harris, Judge, on 15th September 2021.
BETWEEN
NEVH Limited trading as New Era Veterinary Hospital
PLAINTIFF
and
Callie King
22 Old St. John's Court, Old 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 £161.72 in respect of an account rendered dated 5th 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 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 15th September 2021.
BETWEEN
NEVH Limited trading as New Era Veterinary Hospital
PLAINTIFF
and
Roberto Silva
The Flat, Mayfield, Georgetown 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 £1,149.53 comprising (i) £674.56 in respect of an account rendered dated 1st November 2016 and (ii) £474.97 in respect of an account rendered dated 30th 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 dates 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 15th September 2021.
BETWEEN
NEVH Limited trading as New Era Veterinary Hospital
PLAINTIFF
and
Gaynor Gates
21 The Cedars, Green 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 £421.55 in respect of the balance of an account rendered dated 26th 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 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 15th September 2021.
BETWEEN
Cashback Limited
by Assignment dated 24th August 2021
from
Dr. Nigel Minihane and Others exercising the profession of medical practitioner under the name and style of Castle Quay Medical Practice (Assignor)
PLAINTIFF
and
Catia Sofia Sa Nogueira
Flat 40, Walter Benest Court, 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 £105.00 in respect of an account rendered dated 19th August 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 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 15th September 2021.
BETWEEN
Cashback Limited
by Assignment dated 24th August 2021
from
Dr. Nigel Minihane and Others exercising the profession of medical practitioner under the name and style of Castle Quay Medical Practice (Assignor)
PLAINTIFF
and
Alexandra Plop
Room 114, Sarum Hotel, 19-21 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 £68.00 in respect of an two accounts rendered dated 20th November 2020 each in the sum of £34.00;
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.
CL
GREFFIER SUBSTITUTE
Before P. C. Harris, Judge, on 15th September 2021.
BETWEEN
Cashback Limited
by Assignment dated 24th August 2021
from
Dr. H.N. Gibson (Assignor)
PLAINTIFF
and
Laura Remeete Lueck
1 Augres Farm, La Rue du Moulin de Bas, Trinity, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £280.00 in respect of an account rendered dated 26th 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 15th September 2021.
BETWEEN
NEVH Limited trading as New Era Veterinary Hospital
PLAINTIFF
and
Gracia Correia
Balmoral View, Le Mont de La Trinité, St. Helier, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £222.78 in respect of an account rendered dated 19th February 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 15th September 2021.
BETWEEN
NEVH Limited trading as New Era Veterinary Hospital
PLAINTIFF
and
Nicky Erickson
6 Undercliff Apartments, La Rue au Maestre, St. Brelade, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £222.78 in respect of an account rendered dated 19th February 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 15th September 2021.
BETWEEN
Skinner Skips Limited
PLAINTIFF
and
Jonathan Nolan
34 Metro Apartments, Patriotic 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 £19.74 in respect of an account rendered dated 30th 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
-END-
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