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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 29 June 2022.
Before S. Fitz, Judge, on 29th June 2022.
BETWEEN
The Treasurer of the States
PLAINTIFF
and
Helen Elizabeth Bradbury
Flat 2, 10 Garden 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 £11,727.02 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.
LOO
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
Before S. Fitz, Judge, on 29th June 2022.
BETWEEN
Brunel Management Limited
by Assignment dated 17th June 2022 from
The Jersey Homes Trust (Assignor)
PLAINTIFF
and
Paul Wolstenholme
Flat 26, 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 £1,065.84 in respect of rental arrears for the month of April 2022, for the occupation of Flat 26, St. Saviour's Court, due to the Plaintiff under the terms of
a Tenancy Agreement dated 28th May 2004;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from 30th April 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.
BM
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
Before S. Fitz, Judge, on 29th June 2022.
BETWEEN
Homenet Limited
PLAINTIFF
and
Ann-Marie Jones
6 Clos de La Colonie, 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 £258.26 in respect of an account rendered dated 29th May 2022 for telecommunication services;
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.
PA
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
Before S. Fitz, Judge, on 29th June 2022.
BETWEEN
Homenet Limited
PLAINTIFF
and
Jose Manuel Alves Da Silva
Flat 1, Brookline Lodging House, 40 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 £155.94 in respect of an account rendered dated 29th May 2022 for telecommunication services;
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.
PA
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
Before S. Fitz, Judge, on 29th June 2022.
BETWEEN
Homenet Limited
PLAINTIFF
and
Josh Rockett
Flat 1, 5 Grove 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 £128.55 in respect of an account rendered dated 29th May 2022 for telecommunication services;
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.
PA
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
Before S. Fitz, Judge, on 29th June 2022.
BETWEEN
Homenet Limited
PLAINTIFF
and
Lee Ryan
Flat 5, 84 Stopford 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 £201.93 in respect of an account rendered dated 29th May 2022 for telecommunication services;
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.
PA
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
Before S. Fitz, Judge, on 29th June 2022.
BETWEEN
Homenet Limited
PLAINTIFF
and
Maria Teixeira
36 Cherry Orchard Court, 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 £409.58 in respect of an account rendered dated 29th May 2022 for telecommunication services;
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.
PA
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
Before S. Fitz, Judge, on 29th June 2022.
BETWEEN
Homenet Limited
PLAINTIFF
and
Sean Patrick Wood
Flat 2, Lucas House, St. Clements 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 £568.29 in respect of an account rendered dated 29th May 2022 for telecommunication services;
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.
PA
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
Before S. Fitz, Judge, on 29th June 2022.
BETWEEN
Homenet Limited
PLAINTIFF
and
Vanessa Gouveia
Flat 7, 4 Raleigh Avenue, Kaieteur Apartments, St. Helier, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £265.57 in respect of an account rendered dated 29th May 2022 for telecommunication services;
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.
PA
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
Before S, Fitz, Judge, on 29th June 2022.
The Court granted the application of Ports of Jersey Limited (the "Plaintiff") to abandon the benefit of judgment obtained by default against Paulo De Abreu (the "Defendant"), of 27 Le Geyt Apartments, St. Saviour, on 27th April 2022 in the sum of £359.46, interest and costs, and furthermore the Court ordered that the details thereof be expunged from the records of the Court.
POJ
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
Before S. Fitz, Judge, on 29th June 2022.
WHEREAS (1) on 22nd December 2021, Rebecca Sturgeon (the "Plaintiff") c/o Voisin Law LLP,
Fourth Floor, 37 Esplanande, St. Helier, actioned Charlie Franks trading as Myplumber.je (the "Defendant"), of 10 La Blanche Pierre, St. Clement, for the sum of £22,877.22, interest and costs, in respect of damages (in negligence or breach of contract) arising from unfinished bathroom renovation works carried out by the Defendant or his subcontractors at the Plaintiffs property;
(2) on 12th January 2022, the Defendant having appeared and contested the claim, the Court referred both parties to mediation;
(3) on 27th January 2022, the parties having participated in a mediation hearing settled the action in that the Defendant agreed to pay the Plaintiff the sum of £10,000.00 in full and final settlement;
(4) on 22nd June 2022, the Plaintiffs representative had written to the Defendant and the Court requesting that the action be tabled on Wednesday 29th June 2022 in order that they may apply for judgment in default of the agreement;
NOW TODAY, the Defendant having appeared and the Plaintiff having advised the Court that the Defendant had not complied with the terms of the aforesaid agreement, there being an outstanding balance, IT IS ORDEREDth at the Defendant pay to the Plaintiff:
a) the sum of £8,000.00;
b) interest thereon at the appropriate daily rate on the sum above in accordance with Practice Direction PD 05/3 from this day to the date of payment;
c) the fixed costs relating to today's hearing in the sum of £100.00 in accordance with Practice Direction PD 18/01.
PERMISSION is hereby granted to the Plaintiff:
a) 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, and
b) authority is given to arrest the wages of the Defendant to the extent of £80.00 per week.
VL
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
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