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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 11th May 2022.
Before P. C. Harris, Judge, on 11th May 2022.
BETWEEN
Jersey Electricity Plc
PLAINTIFF
and
Christanio De Freitas
53 Le Clos Mourant, Sarina Road, St. Clement, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £334.12 in respect of electricity arrears for Flat 2, Mon Caprice Mews, 101 Don 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:
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 11th May 2022.
BETWEEN
Jersey Electricity Plc
PLAINTIFF
and
Damon James
15 Links Halt, La Route Orange, St. Brelade, Jersey
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £150.97 in respect of electricity arrears for 15 Links Halt, La Route Orange, St. Brelade;
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 11th May 2022.
BETWEEN
Jersey Electricity Plc
PLAINTIFF
and
Kevin Robert Wavell
10 Hautmont House Apartments, Mont Millais, St. Helier, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £1,029.37 in respect of electricity arrears for 10 Hautmont House Apartments, Mont Millais, 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.
GREFFIER SUBSTITUTE
Before P. C. Harris, Judge, on 11th May 2022.
BETWEEN
Jersey Electricity Plc
PLAINTIFF
and
Kirstie Marie Wetzel
39 Clos des Patelles, La Grande Route de St. Clement, St. Clement, Jersey
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £1,686.07 in respect of the balance due under Hire Purchase Agreement number HP116547/117680;
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 11th May 2022.
BETWEEN
Jersey Electricity Plc
PLAINTIFF
and
Mai Cunningham
Flat 8, Mon Desir, La Rue des Pres, Grouville, Jersey
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £766.05 in respect of electricity arrears for 1 The White House, Havre de Rozel, Trinity;
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 11th May 2022.
BETWEEN
The Treasurer of the States
PLAINTIFF
and
Richard John Wright
51 Journeaux Court, 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 £9,169.54 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 11th May 2022.
BETWEEN
St. Ouens Roof-Tech Limited
PLAINTIFF
and
Jorge Luis Da Silva
Flat 10, Cavendish Apartments, La Route de La Haule, St. Peter, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £1,400.00 in respect of an overpayment of 2 weeks salary for the period from 25th March to 1st April 2022 as per terms of Termination of Employment dated 24th March 2022;
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 11th May 2022.
BETWEEN
Society Properties Limited
PLAINTIFF
and
Ian Lelliott
Flat 1, Evesham House, 10 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 £2,002.66 comprising (i) £435.58 in respect of the balance of an account rendered dated ist January 2020, (ii) £1,271.16 in respect of an account rendered dated ist January 2021, (iii) £105.93 in respect of an account rendered dated 1st January 2022 and (iv) £189.99 in respect of an account rendered dated 3l51 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 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.
And on the application of the Plaintiff, it is ordered that this Act be registered in the Public Registry of this island.
GREFFIER SUBSTITUTE
Before P. C. Harris, Judge, on 11th May 2022.
The Court granted the application of The Treasurer of the States (the "Plaintiff") to abandon the benefit of judgment obtained by default against Lisandra Pereira Freitas (the "Defendant"), of Flat 2, 14 Rouge Bouillon, St. Helier, on the 27th February 2019 in the sum of £136.00, 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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