Read the full judgment text of CACV 000071/1980 on BabelCite. This Court of Appeal judgment was delivered on 28 October 1980 before Roberts, C.J., McMullin & Li, JJ.A..
Civil procedure – garnishee order – triable issue – conflict of evidence – appeal – The Court of Appeal considered whether a garnishee order absolute could be made where there was a clear conflict of evidence as to the existence of the debt. The Registrar had made the order absolute despite four affidavits denying the debt, without calling for further evidence. The court held that this was dangerous and constituted a triable issue requiring fuller investigation. The appeal was allowed, the garnishee order absolute was quashed, and the issue of the debt's existence was directed to be tried by another Registrar. Leave was granted to proceed under section 186 of the Companies Ordinance, and both parties were given leave to file further affidavits within 21 days. Costs in the cause.
Legal issues: Garnishee order absolute without trial of triable issue
Outcome: Appeal allowed; garnishee order absolute quashed.