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

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

Because the error was purely as to quantum and the garnishee acknowledged that a lesser sum was owed to the judgment debtor, the appropriate remedy was correction under the slip rule (Order 20 r11) to reflect the court's manifest intention; consequently the court amended the order absolute and dismissed the garnishee's summons to set aside, while directing service on the third‑party creditor and providing a 21‑day period to apply to show cause before payment is made.

Citation
ARTHUR ANTONIO DA SILVA AND ANOTHER v. GABRIEL RICARDO DIAS-AZEDO
Parties
1st Plaintiff / 1st Judgment Creditor: Arthur Antonio Da Silva; 2nd Plaintiff / 2nd Judgment Creditor: Betty Da Silva Fei Po Ki; Defendant / Judgment Debtor: Gabriel Ricardo Dias-Azedo; Garnishee: Hongkong and Shanghai Banking Corporation Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 August 2010
Case Number
HCA2158/2009
Procedural Posture
Garnishment / Enforcement / Application to Amend Garnishee Order Absolute Following Judgment
Outcome
Order amended under slip rule to correct overstated amount; garnishee's summons to set aside dismissed; third‑party creditor to be served and given 21 days to apply to show cause; payment to be made if no application; costs reserved pending the outcome of the 21‑day period.
Legal Topics
Amendment of Judgment Order, Slip Rule (clerical/arithmetic Error), Setting Aside Order Absolute, Stay Pending Bankruptcy Petition, Preference in Insolvency
Source Language
EN
Civil Procedure Enforcement Garnishment Banking Law Inherent Jurisdiction Amendment of Judgment Order Slip Rule (clerical/arithmetic Error) Setting Aside Order Absolute +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 Ricardo Dias-Azedo

Defendant / Judgment Debtor

Hongkong and Shanghai Banking Corporation Limited

Garnishee

Procedural Posture

Garnishment / Enforcement / Application to Amend Garnishee Order Absolute Following Judgment

Legal Issues

  1. 1 Whether an order absolute that overstates the amount owing by a garnishee should be amended under the slip rule or set aside
  2. 2 Whether the error is clerical/arithmetic expressing the court's manifest intention
  3. 3 Whether payment under an amended order would constitute a preference given pending bankruptcy proceedings by a third party

Ratio Decidendi

Because the error was purely as to quantum and the garnishee acknowledged that a lesser sum was owed to the judgment debtor, the appropriate remedy was correction under the slip rule (Order 20 r11) to reflect the court's manifest intention; consequently the court amended the order absolute and dismissed the garnishee's summons to set aside, while directing service on the third‑party creditor and providing a 21‑day period to apply to show cause before payment is made.

Court Disposition

Order amended under slip rule to correct overstated amount; garnishee's summons to set aside dismissed; third‑party creditor to be served and given 21 days to apply to show cause; payment to be made if no application; costs reserved pending the outcome of the 21‑day period.

Orders

  • Amend the order absolute to correct the amount owing by the garnishee to the judgment debtor to the true/net sum
  • Dismiss the garnishee's summons to set aside the order absolute