ARTHUR ANTONIO DA SILVA AND ANOTHER v. GABRIEL RICHARDO DIAS-AZEDO AND ANOTHER

ARTHUR ANTONIO DA SILVA AND ANOTHER v. GABRIEL RICHARDO DIAS-AZEDO AND ANOTHER

Because the partnership accounts relied on by the plaintiffs were provisional and the garnishee presented credible evidence that final accounts may show a different position (potentially that the garnishee is owed money by the debtor), the plaintiffs had not proved a debt owed by the garnishee to the debtor; the...

Source-derived case information.

Citation
ARTHUR ANTONIO DA SILVA AND ANOTHER v. GABRIEL RICHARDO DIAS-AZEDO AND ANOTHER
Parties
1st Plaintiff; 1st Judgment Creditor: Arthur Antonio Da Silva; 2nd Plaintiff; 2nd Judgment Creditor: Betty Da Silva Fei Po Ki; 1st Defendant; Judgment Debtor: Gabriel Richardo Dias-Azedo; 2nd Defendant; Garnishee: Grant Thornton (a firm)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 March 2010
Case Number
HCA2158/2009
Procedural Posture
Garnishee Proceedings (enforcement of Judgment) / Application to Make Garnishee Order Nisi Absolute (chambers Hearing; Adjourned)
Outcome
Application adjourned; Order nisi not made absolute at this time; costs reserved.
Legal Topics
Garnishee Order, Judgment Enforcement, Partnership Accounting, Adjournment, Costs Reserved
Source Language
en
Civil Debt Recovery Garnishee Procedure Partnership Law Trusts Garnishee Order Judgment Enforcement Partnership Accounting +2 more

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Parties

Arthur Antonio Da Silva

1st Plaintiff; 1st Judgment Creditor

Betty Da Silva Fei Po Ki

2nd Plaintiff; 2nd Judgment Creditor

Gabriel Richardo Dias-Azedo

1st Defendant; Judgment Debtor

Grant Thornton (a firm)

2nd Defendant; Garnishee

Procedural Posture

Garnishee Proceedings (enforcement of Judgment) / Application to Make Garnishee Order Nisi Absolute (chambers Hearing; Adjourned)

Legal Issues

  1. 1 Whether Grant Thornton owed a debt to the judgment debtor (Azedo) such that the garnishee order should be made absolute
  2. 2 Whether plaintiffs have proved the existence and quantum of the debt owed by the garnishee to the judgment debtor
  3. 3 Whether the provisional partnership accounts can support making the garnishee order absolute

Ratio Decidendi

Because the partnership accounts relied on by the plaintiffs were provisional and the garnishee presented credible evidence that final accounts may show a different position (potentially that the garnishee is owed money by the debtor), the plaintiffs had not proved a debt owed by the garnishee to the debtor; the proper course was to adjourn the application to allow Grant Thornton to finalise verifiable accounts rather than make the Order nisi absolute.

Court Disposition

Application adjourned; Order nisi not made absolute at this time; costs reserved.

Orders

  • Application adjourned to 1 June 2010 at 9:30 a.m. before Deputy High Court Judge Carlson for Grant Thornton to produce final partnership accounts or a credible and verifiable account between the partnership and Azedo
  • Costs of this application reserved to 1 June 2010