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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 Debts judgments granted on Wednesday 29th September 2021.
Before P. C. Harris, Judge, on 29th September 2021.
BETWEEN
Gemma McGregor
PLAINTIFF
and
Royston McSherry
3 Edith Cottages, Hansford Lane, St. Helier, Jersey.
DEFENDANT
THE DEFENDANT having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff :
a) the sum of £12,170.00 in respect of the balance of a private settlement agreement signed by the parties on 22nd April 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.
PA
GREFFIER SUBSTITUTE
Before P. C. Harris, Judge, on 29th September 2021.
BETWEEN
Jersey Electricity Plc
PLAINTIFF
and
Cristiana Gabriela Coca
2 Maison Herault Apartments, 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 £879.23 in respect of hire purchase arrears;
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.
JEPLC
GREFFIER SUBSTITUTE
Before P. C. Harris, Judge, on 29th September 2021.
BETWEEN
Jersey Electricity Plc
PLAINTIFF
and
Aaron Warn
Apartment 3, 63 The Bath House, Bath 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 £261.01 in respect of electricity arrears for the property Apartment 3, 63 The Bath House, Bath 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.
JEPLC
GREFFIER SUBSTITUTE
Before P. C. Harris, Judge, on 29th September 2021.
BETWEEN
Jersey Electricity Plc
PLAINTIFF
and
Anthony Sargant and Sarah Sargant
B306 W2, Westmount, Westmount Road, St. Helier, Jersey.
DEFENDANT
THE DEFENDANTS not having appeared, the Court :
1) condemned the Defendants to pay to the Plaintiff :
a) the sum of £113.49 in respect of electricity arrears for the property B306 W2, Westmount, Westmount 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, 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.
JEPLC
GREFFIER SUBSTITUTE
Before P. C. Harris, Judge, on 29th September 2021.
BETWEEN
Achilles Investments Limited
PLAINTIFF
and
Jersey Online Traders Limited trading as Nigel Pearce & Sons Jewellers
73, 47 & 80 Central Market, St. Helier, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £17,500.00 in respect of an investment made by the Plaintiff on 28th May 2010 in relation to a gold bullion;
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 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 29th September 2021.
BETWEEN
Allan Donnelly Plumbing & Heating Services Limited
PLAINTIFF
and
Faye Best
21 Seale 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 £69.30 in respect of invoice number 10425 dated 4th March 2021 for cylinder service;
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 29th September 2021.
BETWEEN
IDP Limited trading as Indigo Dental Practice
PLAINTIFF
and
Kelly Pestana
24 Salisbury Crescent, La Rue Masurier, St. Helier, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court :
1) condemned the Defendant to pay to the Plaintiff :
a) the sum of £262.00 in respect of an invoice dated 2nd June 2021 for dental treatment;
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 29th September 2021.
BETWEEN
Skyfall Collections Limited
by Assignment dated 18th August 2021 from
Robert-Louis Douglas Smit (Assignor)
PLAINTIFF
and
Helder Manuel Luis Lopes
The Bungalow, Bethshean, St. Saviour's 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 £5,366.10 comprising: (i) £5,250.00 in respect of rental arrears, (ii) £96.10 in respect of cleaning costs and (iii) £20.00 in respect of parking charges for the period from 1st February 2021 to 1st August 2021;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from 1st 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 29th September 2021.
BETWEEN
Westmount Developments Management Limited
PLAINTIFF
and
Sven Ford
C709 W3, Westmount Apartments, St. Helier, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff :
a) the sum of £3,977.83 in respect of basement charges and sinking fund fees for the property C709 W3, Westmount, for the period from 1st December 2020 to 1st June 2021;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from 1st 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.
SF
GREFFIER SUBSTITUTE
Before P. C. Harris, Judge, on 29th September 2021.
The Court granted the application of Cashback Limited as Assignee of Dr. Nigel Minihane and Others exercising the profession of medical practitioner under the name and style of Castle Quay Medical Practice (the "Plaintiff " ) to abandon the benefit of judgment obtained by default against Adriana Lucia Eva Boscariol (the "Defendant"), of Flat 5, Langtry House, 40 La Motte Street, St. Helier, on 10th March 2021 in the sum of £1,445 .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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