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In this section, Bailiwick Express circulates the most recent decisions of the Petty Debts Court. This is a subscription service, as it contains the full judgments which are not freely available already online - follow the on-screen prompts for access.
Below you will find all the Petty Debts judgments granted on Wednesday 24 November 2021.
Before P. C. Harris, Judge, on 24th November 2021.
BETWEEN
Skyfall Collections Limited
by Assignment dated 19th October 2021
from
Mr Alan Moulin (Assignor)
PLAINTIFF
and
Lloyd Eric John Pinel
The Flat, Earl Granville, Charles 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 £1,250.00 in respect of rental arrears for the property known as Mayfield Lodge for the months of September and October 2020;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from 31st October 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 24th November 2021.
BETWEEN
Valley Foods Limited
PLAINTIFF
and
Shane Kennedy trading as Coleman & Watt 2008
Playa D'Or, La Grande Route de La Cote, St. Clement, St. Helier, Jersey
and
C/O Meat and Eat, Liberty Wharf, St. Helier, Jersey.
DEFENDANT
THE DEFENDANT not having appeared , the Court:
1) condemned the Defendant to pay to the Plaintiff :
a) the sum of £3,936.74 in respect of the balance of several invoices for food products purchased on account;
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.
And on the application of the Plaintiff, it is ordered that this Act be registered in the Public Registry of this island.
SF
GREFFIER SUBSTITUTE
Before P. C. Harris, Judge, on 24th November 2021.
BETWEEN
M J Touzel (Insurance Brokers) Limited trading as Islands Insurance
PLAINTIFF
and
Ana Cristina Nobrega De Freitas trading as Vitta Cleaning Services
Flat 9, Du Parcq Court, Bagatelle 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 £185.44 in respect of insurance policy number 6021210C dated 1st 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.
SF
GREFFIER SUBSTITUTE
Before P. C. Harris, Judge, on 24th November 2021.
BETWEEN
Silvio Alves Motor Repairs Limited
PLAINTIFF
and
Car Warehouse Limited
Airport Road, St. Brelade, Jersey
and
Richmond House, 8 David 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 £2,106.68: (i) £1,347.10 in respect of an account rendered dated 6th April 2020, (ii) £635.18 in respect of an account rendered dated 31st July 2020 and (iii) £124.40 in respect of an account rendered dated 30th September 2020, for mechanical repairs on vehicles J1746 and J111294;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from 30th September 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 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 P. C. Harris, Judge, on 24th November 2021.
BETWEEN
Dandara Jersey Limited
PLAINTIFF
and
Robert Christian Mitache
C508 W3 Westmount, St. Helier, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff :
a) the sum of £245.10 comprising (i) £188.52 in respect of an account rendered dated 31st December 2018 and (ii) £56.58 in respect of an account rendered dated 19th April 2019 both for occupier Parish rates;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from 19th April 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 24th November 2021.
BETWEEN
24-7 Self Store Limited
PLAINTIFF
and
Richard David Green
1 Mayfield Lodge, Hansford Lane, First Tower, St. Helier, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court :
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £1,269.98 in respect of accounts rendered for the period from 28th February 2020 to 30th July 2021 for storage charges, less the sum of £225.00;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from 30th July 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 24th November 2021.
BETWEEN
24-7 Self Store Limited
PLAINTIFF
and
Richard Green
The Sanctuary, Beaumont, St. Lawrence, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff :
a) the sum of £1,663.67 in respect of accounts rendered for the period from 1st May 2019 to 27th February 2020 for storage charges, less the sum of £1,052.50;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from 27th February 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 24th November 2021.
BETWEEN
Petroleum Distributors (Jersey) Limited
PLAINTIFF
and
Steve Smith
Dorita, Manor Park Road, La Pouquelaye, St. Helier, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £270.46 in respect of invoice number 10302815 dated 16th December 2019 for the supply of oil for home heating;
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 24th November 2021.
BETWEEN
M B Boiler Services Limited
PLAINTIFF
and
Gary Britton and Tracey Anderson
23 Landfield Drive, Mont Millais, St. Helier, Jersey.
DEFENDANT
THE DEFENDANTS not having appeared, the Court:
1) condemned the Defendants to pay to the Plaintiff :
a) the sum of £80.00 in respect of invoice number 2004965 dated 26th November 2020 for a heating oil boiler 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, 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.
SF
GREFFIER SUBSTITUTE
Before P. C. Harris, Judge, on 24th November 2021.
BETWEEN
Ports of Jersey Limited
PLAINTIFF
and
Michael Staryszak
4 Hampton Place, The Parade, St. Helier, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £218.66 in respect of St. Aubin's mooring fees for the vessel "Tamarin" for the period from 1st May to 31st October 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
-END-
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