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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 16th February 2022.
Before M. O'Connell, Judge, on 16th February 2022.
BETWEEN
The Treasurer of the States
PLAINTIFF
and
Ana Paula Abreu Miranda Caiado
12 Kew Gardens, Valley 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 £6,647.17 in respect of an overpayment of Income Support;
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 M . O'Connell, Judge, on 16th February 2022.
BETWEEN
The Treasurer of the States
PLAINTIFF
and
Dean Darren Brunnock
Flat 6, Belmont 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 £4,100.60 in respect of an overpayment of Income Support;
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 M . O'Connell, Judge, on 16th February 2022.
BETWEEN
The Treasurer of the States
PLAINTIFF
and
Hugo Miguel Melim Nunes
5 Wayside House, 94 Rouge Bouillon, St. Helier, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff :
a) the sum of £11,924.64 in respect of an overpayment of Income Support ;
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 M . O'Connell, Judge, on 16th February 2022.
BETWEEN
The Treasurer of the States
PLAINTIFF
and
Ocean Stock Holding Company Limited
Jubilee Cottage, La Maison du Sud, Le Mont du Jubile, St. Peter, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemn ed the Defendant to pay to the Plaintiff :
a) the sum of £9,677.25 in respect of rental arrears for ground site for a freezer storage container from p t October 2020 to 31st December 2021;
b) the fixed costs of the action in accordance with Practice Direction PD 18/01; 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.
LOD
GREFFIER SUBSTITUTE
Before M . O'Connell, Judge, on 16th February 2022.
BETWEEN
The Treasurer of the States
PLAINTIFF
and
Stephanie Grace Landor
Les Arbres du Ciel, Les Champs Park Estate, St. Helier, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £6,956.76 in respect of an overpayment of Income Support;
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 M . O'Connell, Judge, on 16th February 2022.
BETWEEN
Miroslawa Genowefa Cravo
PLAINTIFF
and
Carlos Miguel Nunes Pereira Cravo
3 Hautmont House Apartments, Mont Mlllais, St. Helier, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £3,726.00 in respect of child maintenance arrears for the period from 1st May 2021 to 28th January 2022, pursuant to an Order of the Royal Court dated 26th July 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.
PA
GREFFIER SUBSTITUTE
Before M . O'Connell, Judge, on 16th February 2022.
BETWEEN
A to B with Reg's Skips Limited
PLAINTIFF
and
General Carpenters (Jersey) Services Limited
Unit 1, Stonewall Farm, Oakland Lane, St. Helier, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £1,059.34 comprising : (i) £789.47 in respect of an account rendered dated 8th September 2021 and (ii) £269.87 in respect of an account rendered dated 12th October 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 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 M. O'Connell, Judge, on 16th February 2022.
BETWEEN
Cashback Limited
by Assignment dated 18th January 2022
from
Piers Hickman trading as Drive.Je - Driving Tuition (Assignor)
PLAINTIFF
and
Charlene Lisa Sorhaindo
The Farmhouse, La Route du Nord, St. John, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £89.16 in respect of an account rendered dated 4th January 2022;
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 M. O'Connell, Judge, on 16th February 2022.
BETWEEN
Cashback Limited
by Assignment dated 19th January 2022
from
Cherry Godfrey Finance Limited (Assignor)
PLAINTIFF
and
Christian Sagrado Bation
Flat 11, Kensington Court, Kensington Place, St. Helier, Jersey.
DEFENDANT
THE DEFENDANT having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £13,674.95 in respect of the balance due under Personal Loan Agreement number 744001 dated 27th November 2017;
b) contractual interest thereon on any outstanding balance in accordance with Practice Direction PD 05/4 at the rate of 8% per annum from 14th January 2022 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 M. O'Connell, Judge, on 16th February 2022.
BETWEEN
Cashback Limited
by Assignment dated 19th January 2022
from
Cherry Godfrey Finance Limited (Assignor)
PLAINTIFF
and
Jasmine Cui Bation
Flat 11, Kensington Court, Kensington Place, St. Helier, Jersey.
DEFENDANT
THE DEFENDANT having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £28,312.43 in respect of the balance due under Personal Loan Agreement number 808031 dated 25th August 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 sth December 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 M. O'Connell, Judge, on 16th February 2022.
BETWEEN
Cleveland Clinic (2008) Limited
PLAINTIFF
and
Dylan Botrel
Bon Accord, 23 Midvale 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 £182.00 in respect of an account rendered dated 2nd 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 M. O'Connell, Judge, on 16th February 2022.
BETWEEN
Granite Le Pelley Limited
PLAINTIFF
and
Rui Freitas Vieira trading as RNV Construction
5 Journeaux 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 £9,457.07 in respect of an account rendered dated 5th May 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 M. O'Connell, Judge, on 16th February 2022.
BETWEEN
Pentagon (Jersey) Wholesale Limited
PLAINTIFF
and
Carlos Filipe Vieira Caldeira
Top Flat, Fairholme, La Route de St. Aubin, St. Helier, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £6,521.51 in respect of an account rendered dated 31st December 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 M. O'Connell, Judge, on 16th February 2022.
BETWEEN
Skinner Skips Limited
PLAINTIFF
and
John Robert Taylor trading as JT Gardeners
Le Lavanche, L' Ancienette, La Grande Route de Ste. Marie, St. Mary , Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff :
a) the sum of £60.77 in respect of an account rendered dated 30th September 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 M. O'Connell, Judge, on 16th February 2022.
The Court granted the application of Cashback Limited as Assignee of Brendan Charles Kellett and Others exercising the profession of medical practitioner under the name and style of Island Medical Centre (the "Plaintiff") to abandon the benefit of judgment obtained by default against Jonathan Charles Hanby (the "Defendant"), of 25 Place Le Gallais, Rue des Pres, St. Saviour, on the 15th December 2021 in the sum of £658.00, interest and costs, and furthermore the Court ordered that the details thereof be expunged from the records of the Court.
CL
GREFFIER SUBSTITUTE
Before M. O'Connell, Judge, on 16th February 2022.
The Court granted the application of Health Plus Limited (the "Plaintiff") to abandon the benefit of judgment obtained by default against Ruth Goodburn (the "Defendant"), of 3 Beachside Mews, La Rue du Hocq, St. Clement, on the 26th January 2022 for interest at the Court rate relating to a paid debt in the sum of £109.50, fixed Court costs and interest on such costs, and furthermore the Court ordered that the details thereof be expunged from the records of the Court.
CL
GREFFIER SUBSTITUTE
Before P. C. Harris, Judge, on 3rd November 2021.
BETWEEN
Cleveland Clinic {2008) Limited
PLAINTIFF
and
Luke Sullivan
Quibou, Le Clos de Hambye, La Route de La Hougue Bie, St. Saviour, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £258.50 in respect of an account rendered dated 2nd 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
CL
GREFFIER SUBSTITUTE
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