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 2nd February 2022.
Before B. L. Shaw, Judge, on 2nd February 2022.
BETWEEN
Treasurer of the States
PLAINTIFF
and
Jayne Marie Lee
Flat 5, St. Clement's Bay Apartments, La Greve d'Azette, St. Clement, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £8,762.56 in respect of private patient hospital costs for Jersey General Hospital as per invoice 12171 dated 4th October 2018 and invoice 13253 dated 12th November 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 2nd February 2022.
BETWEEN
Rouge Bouillon Ace of Clubs
PLAINTIFF
and
Tatiana Andrade
Flat 15, Eden Country House, 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 £159.70 in respect of an invoice for outstanding child care fees;
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.
PA
GREFFIER SUBSTITUTE
Before B. L. Shaw, Judge, on 2nd February 2022.
BETWEEN
Cashback Limited
by Assignment dated 10th November 2021
from
Brendan Charles Kellett & Others exercising the profession of medical practitioner under the name and style of Island Medical Centre (Assignor)
PLAINTIFF
and
Steven Kennedy
5 Wesley 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 £603.56 in respect of an account rendered dated 17th 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:
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 2nd February 2022.
BETWEEN
The Treasurer of the States
and
PLAINTIFF
Advanced Glass Limited
Unit lC, Barette Commercial Centre, La Route du Mont Mado, St. John, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £19,555.76 in respect of Social Security contributions for Quarter D 2019, Quarters C and D 2020 and Quarters A, Band C 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 B. L. Shaw, Judge, on 2nd February 2022.
BETWEEN
Delia Aciocarlanoaiei
PLAINTIFF
and
Janos Sandor Kovacs
Manager's Flat, Olanda House, La Rue du Croquete, St. Aubin, St. Brelade, Jersey.
DEFENDANT
THE DEFENDANT having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £588.90 in respect of arrears of maintenance for the period from 1st September 2020 to l51 January 2022, pursuant to an Order of the Royal Court dated 25th September 2019 and amended on 3rd October 2019, less the sum of £80.00;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from 1st 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.
PA
GREFFIER SUBSTITUTE
Before B. L. Shaw, Judge, on 2nd February 2022.
BETWEEN
Cleveland Clinic (2008) Limited
PLAINTIFF
and
Goncalo Jose Silva Correia
2 Village Apartments, Gorey Village Main Road, Grouville, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £187.60 in respect of an account rendered dated 2nd September 2019;
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 ofthe Defendant to be arrested to the extent of £80.00 per week.
CL
GREFFIER SUBSTITUTE
Before B. L. Shaw, Judge, on 2nd February 2022.
BETWEEN
Dental Excellence Limited
PLAINTIFF
and
Joao Miguel Da Cruz De Almeida
1 Montrose Villas, La Route de St. Aubin, St. Lawrence, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £186.00 in respect of an account rendered dated 8th 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 ofthe 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
CL
GREFFIER SUBSTITUTE
Before B. L. Shaw, Judge, on 2nd February 2022.
BETWEEN
Health Plus Limited
PLAINTIFF
and
Richard John Irwin
18 Queens Road Court, Queens 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 £270.00 in respect of two accounts rendered dated 18th 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.
CL
GREFFIER SUBSTITUTE
Before B. L. Shaw, Judge, on 2nd February 2022.
BETWEEN
Techno Groundworks Limited
PLAINTIFF
and
Thomas Mclaughlin trading as Restore Builders
3 Slate House, 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 £13,028.19 in respect of an account rendered dated 9th November 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
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