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In this section, Bailiwick Express will be circulating the most recent decisions of the Petty Debts Court.
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Below you will find all the Petty Debt judgments for the week commencing 14 May 2021.
Before B. L. Shaw, Judge, on 12th May 2021.
BETWEEN
The Treasurer of the States
PLAINTIFF
and
Johnathan Emmanuel
Le Vielle Estate, La Rue de La Patente, St. Lawrence, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £110.25 in respect of a towing fee incurred following a road traffic incident on La Rue du Brabant on 9th April 2017, as per invoice 4202 dated 17th January 2018;
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.
LOD
GREFFIER SUBSTITUTE
Before B. L. Shaw, Judge, on 12th May 2021.
BETWEEN
Carteret Properties Limited
PLAINTIFF
and
F. M. Dely Limited trading as S. A. P. Electrics
8 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 £5,700.00 in respect of monthly rent at the rate of £950.00 for the months of October and November 2020 and January, February, March and 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 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 B. L. Shaw, Judge, on 12th May 2021.
BETWEEN
Mabrook Properties Limited
PLAINTIFF
and
Maciej Andrzej Mumot and Karolina Ewa Czarnecka
Flat 1, 10 The Parade, St. Helier, Jersey.
DEFENDANTS
THE DEFENDANTS not having appeared, the Court:
1) condemned the Defendants to pay to the Plaintiff:
a) the sum of £2,852.81 in respect of rental arrears for the period from 1st May 2020 to 1st July 2020 for the property Flat 1, 10 The Parade, St. Helier, less the sum of £360.00;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from 24th August 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, 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 B. L. Shaw, Judge, on 12th May 2021.
BETWEEN
Parish of St. Helier
PLAINTIFF
and
Catia Da Silva
Flat 36, Clos du Foyer, 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 £138.93 in respect of Parish rates and surcharge for the year 2020;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from 16th November 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.
POSH
GREFFIER SUBSTITUTE
Before B. L. Shaw, Judge, on 12th May 2021.
BETWEEN
Parish of St. Helier
PLAINTIFF
and
Gpsia Bazan
Flat 6, 39 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 £93.57 in respect of Parish rates and surcharge for the year 2020;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from 16th November 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.
POSH
GREFFIER SUBSTITUTE
Before B. L. Shaw, Judge, on 12th May 2021.
BETWEEN
Jersey Airtel Limited
PLAINTIFF
and
Jose Camacho
Elstree, 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 £153.43 in respect of a telecommunications account dated 21st November 2020 for call charges for the period from 21st November 2020 to 19th January 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.
SF
GREFFIER SUBSTITUTE
Before B. L. Shaw, Judge, on 12th May 2021.
BETWEEN
Lynx Plastering Limited
PLAINTIFF
and
Standard Construction Limited,
Beauport House, L'Avenue de La Commune, St. Peter, Jersey,
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £2,000.00 comprising: (i) £300.00 in respect of an account rendered dated 21st January 2021 for "Greenwood Terrace", (ii) £1,000.00 in respect of an account rendered dated 27th January 2021 for "Vida", and (iii) £700.00 in respect of an account rendered dated 3rd March 2021 for "Ville Chapelle";
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from 3rd March 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 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 B. L. Shaw, Judge, on 12th May 2021.
BETWEEN
Skyfall Collections Limited
by Assignment from
Advocate Rui Tremoceiro (Assignor)
PLAINTIFF
and
Christopher Roy Makin
The Flat, Temple Stores, 12 Stopford 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 £3,276.73 comprising: (i) £1,445.52 in respect of an account rendered dated 13th January 2021, (ii) £1,340.33 in respect of an account rendered dated 17th February 2021 and (iii) £490.88 in respect of an account rendered dated 15th March 2021, all for legal fees;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from 15th March 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 B. L. Shaw, Judge, on 12th May 2021.
BETWEEN
Cashback Limited
by Assignment dated 15th April 2021
from
Dr Minihane and Others exercising the profession of medical practitioner
under the name and style of Castle Quay Medical Practice (Assignor)
PLAINTIFF
and
Stefan Rossi
1 Castle View, 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 £30.00 in respect of an account rendered dated 12th October 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.
CL
GREFFIER SUBSTITUTE
Before B. L. Shaw, Judge, on 12th May 2021.
BETWEEN
Charlie Farleys Limited
PLAINTIFF
and
Javier Oswaldo Gomez and Jessica Carina Jorge Nobrega
2 Orchid Court, Mont Millais, St. Helier, Jersey.
DEFENDANTS
THE DEFENDANTS not having appeared, the Court:
1) condemned the Defendants to pay to the Plaintiff:
a) the sum of £3,329.00 comprising: (i) £455.00 in respect of the balance of an account rendered dated 1st December 2020, (ii) £958.00 in respect of an account rendered dated 1st January 2021, (iii) £958.00 in respect of an account rendered dated 1st February 2021 and (iv) £958.00 in respect of an account rendered dated 1st March 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, 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.
CL
GREFFIER SUBSTITUTE
Before B. L. Shaw, Judge, on 12th May 2021.
BETWEEN
Jersey Village Vets Limited
PLAINTIFF
and
Sinead Allen
La Valette, Le Mont Les Vaux, St. Brelade, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £210.72 in respect of the balance of an account rendered as at 30th November 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.
CL
GREFFIER SUBSTITUTE
Before B. L. Shaw, Judge, on 12th May 2021.
BETWEEN
NEVH Limited trading as New Era Veterinary Hospital
PLAINTIFF
and
Kimberley Medina Norman
197 Le Marais, St. Clement, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £112.92 in respect of an account rendered dated 5th December 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.
CL
GREFFIER SUBSTITUTE
Before B. L. Shaw, Judge, on 12th May 2021.
BETWEEN
Quantum Building Supplies Limited
PLAINTIFF
and
Standard Construction Limited
Beauport House, L' Avenue de La Commune, St. Peter, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £6,919.40 in respect of the balance of an account rendered dated 31st March 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 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 B. L. Shaw, Judge, on 12th May 2021.
BETWEEN
Skinner Skips Limited
PLAINTIFF
and
Standard Construction Limited
Beauport House, L' Avenue de La Commune, St. Peter, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £707.94 comprising: (i) £250.14 in respect of an account rendered dated 28th February 2021 and (ii) £457.80 in respect of an account rendered dated 31st March 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
-END-
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