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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 4 May 2022.
Before P. C. Harris, Judge, on 4th May 2022.
BETWEEN
Ports of Jersey Limited
and
Stephen Liron
PLAINTIFF
Le Grenier, La Walnut Farm, La Rue de Ville Au Bas, St. Lawren ce, Jersey
DEFENDANT
THE DEFENDANT not having appeared, but having paid the sum of £1,500.10 claimed by the Plaintiff in respect of Boat on Quay charges for the vessel "JY5651" for the period from 1st March to 3p t December 2021, the Court :
1) condemned the Defendant to pay to the Plaintiff :
a) interest on £1,500.10 at the appropriate daily rate in accordance with Pract ice Direction PD 05/3 from this day to the date of payment ;
b) the fixed costs of the action in accordance with Practice Direction PD 18/01;
c) 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.
GREFFIER SUBSTITUTE
Before P. C. Harris, Judge, on 4th May 2022.
BETWEEN
The Treasurer of the States
PLAINTIFF
and
Michael Mendrek
Farm Cottage, Highlands, Le Mont du Coin, St. Brelade, Jersey
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff :
a) the sum of £29,343.60 in respect of an overpayment of Income Support;
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.
GREFFIER SUBSTITUTE
Before P. C. Harris, Judge, on 4th May 2022.
BETWEEN
The Treasurer of the States
PLAINTIFF
and
Rui Filipe Camacho Pinto
Flat 3, 23a La Colomberie, St. Helier, Jersey
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £782.09 in respect of an overpayment of Income Support;
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.
GREFFIER SUBSTITUTE
Before P. C. Harris, Judge, on 4th May 2022.
BETWEEN
The Treasurer of the States
PLAINTIFF
and
Stephen Thompson
4 Heron Mews, La Petite Rue du 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 £1,244.98 in respect of an overpayment of Income Support;
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.
GREFFIER SUBSTITUTE
Before P. C. Harris, Judge, on 4th May 2022.
BETWEEN
Parish of St. Helier
PLAINTIFF
and
Klara Loblova
5 St. Saviour's Court, St. Saviour'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 £135.06 in respect of Parish rates and surcharge for the year 2021;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from 22nd 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.
GREFFIER SUBSTITUTE
Before P. C. Harris, Judge, on 4th May 2022.
BETWEEN
Parish of St. Helier
PLAINTIFF
and
Alana Kavanagh
54 Westmount Park, Westmount 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 £117.99 in respect of Parish rates and surcharge for the year 2021;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from 22nd 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.
GREFFIER SUBSTITUTE
Before P. C. Harris, Judge, on 4th May 2022.
BETWEEN
Parish of St. Helier
PLAINTIFF
and
Fatima Da Silva
3 Maesteg House, Colombus 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 £108.15 in respect of Parish rates and surcharge for the year 2021;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from 22nd 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.
GREFFIER SUBSTITUTE
Before P. C. Harris, Judge, on 4th May 2022 .
BETWEEN
Parish of St. Helier
PLAINTIFF
and
Marco Da Silva
Flat 2, 53 - 55 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 £110.94 in respect of Parish rates and surcharge for the year 2021;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from 22nd 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.
GREFFIER SUBSTITUTE
Before P. C. Harris, Judge, on 4th May 2022.
BETWEEN
Parish of St. Helier
PLAINTIFF
and
Maria Zita Goncalves
14 Windsor Court, Windsor 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 £108.15 in respect of Parish rates and surcharge for the year 2021;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from 22nd 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.
GREFFIER SUBSTITUTE
Before P. C. Harris, Judge, on 4th May 2022.
BETWEEN
Parish of St. Helier
PLAINTIFF
and
Michael Sommerville
Flat 4, Maison du Coin Flats, Cheapside, St. Helier, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £155.06 in respect of Parish rates and surcharge for the year 2021;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from 22nd 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.
GREFFIER SUBSTITUTE
Before P. C. Harris, Judge, on 4th May 2022.
BETWEEN
Cashback Limited
by Assignment dated 15th February 2022
from
Philip William Syvret and Nina Sophie Hacquoil Benest exercising the professions of
Advocate and Solicitor under the name and style of Benest and Syvret (Assignor)
PLAINTIFF
and
James Patrick Kelly
Le Vaux Cottage, La Vallee de Rozel, St. Martin, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff :
a) the sum of £1,198 .18 in respect of the balance of an account rendered dated 3pt 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.
GREFFIER SUBSTITUTE
Before P. C. Harris, Judge, on 4th May 2022.
BETWEEN
Cashback Limited
by Assignment dated 17th December 2021
from
Sue Garry in her capacity as Trustee for and on behalf of the Knott Estate (Assignor)
PLAINTIFF
and
Michael De Sousa Rodrigues
Flat 59, Berkeley Court, Don 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 £1,770 .00 in respect of rental arrears for Flat 59 Berkely Court as at 4th April 2022, 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 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.
GREFFIER SUBSTITUTE
Before P. C. Harris, Judge, on 4th May 2022.
BETWEEN
Close Finance (Cl) Limited
PLAINTIFF
and
Claudia Sofia Duarte Augusto
Flat 8, Seale House Flats, 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 £15,066 .72 in respect of the balance due under Personal Loan Agreement numb er 30066872 dated p t March 2021, less the sum of £329.00;
b) contractual interest thereon on any outstanding balance in accordance with Practice Direction PD 05/4 at the rate of 8% per annum from 19th 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.
GREFFIER SUBSTITUTE
Before P. C. Harris, Judge, on 4th May 2022.
BETWEEN
The Channel Islands Co-operative Society Limited
trading as Co-operative Medical
PLAINTIFF
and
Amber-Marie Cauvain
20 Le Clos Gosset, 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 £40.00 in respect of an account rendered dated 16th February 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.
GREFFIER SUBSTITUTE
Before P. C. Harris, Judge, on 4th May 2022.
BETWEEN
The Mayfair Hotel Limited
PLAINTIFF
and
lsora Jose Barros Ferreira
Les Cruches, La Rue de La Piece Mauger, Trinity, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £540 .70 in respect of an account rendered dated 4th 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 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.
GREFFIER SUBSTITUTE
Before P. C. Harris, Judge, on 4th May 2022.
BETWEEN
Close Finance {Cl} Limited
PLAINTIFF
and
White Collar Limited
4 Broad Street, St. Helier, Jersey
FIRST DEFENDANT
Neil William Bennett
2 Oak Farm, Rue a La Dame, St. Saviour, Jersey.
SECOND DEFENDANT
THE DEFENDANTS not having appeared, the Court:
1) condemned the Defendants to pay to the Plaintiff:
a) the sum of £1,659.22 in respect of the balance due under Personal Loan Agreement number 30038663 dated 28th November 2011 entered into between the Plaintiff and First Defendant and guaranteed by the Second Defendant;
b) contractual interest thereon on any outstanding balance in accordance with Practice Direction PD 05/4 at the rate of 8% per annum from 10th July 2014 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 Casse the proceedings against the First Defendant.
GREFFIER SUBSTITUTE
Before P. C. Harris, Judge, on 4th May 2022.
BETWEEN
Little Gove Limited
PLAINTIFF
and
Daniel Anthony Pereira Ward
18 Clos de La Colonie, St. Clement, 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 14th March 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.
GREFFIER SUBSTITUTE
Before P. C. Harris, Judge, on 4th May 2022.
The Court granted the application of Cashback as Assignee of Dr. H.N. Gibson (the "Plaintiff") to abandon the benefit of judgment obtained by default against Miguel Nieto Garcia (the "Defendant"), of La Chenaie, La Rue des Chenes, St. Helier on the 23rd March 2022 in the sum of £72.00, interest and costs, and furthermore the Court ordered that the details thereof be expunged from the records of the Court.
GREFFIER SUBSTITUTE
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