WORLD OF WIGS LTD v. FEMINA LTD

WORLD OF WIGS LTD v. FEMINA LTD

The garnishee cannot appropriate the full deposit without proving actual loss; on the evidence the garnishee profited from the re-letting and did not suffer the claimed loss, therefore the deposit must be refunded and the garnishee order nisi made absolute.

Citation
WORLD OF WIGS LTD v. FEMINA LTD
Parties
Judgment Creditor: WORLD OF WIGS LIMITED; Judgment Debtor: FEMINA LIMITED; Garnishee: HONG KONG & SHANGHAI BANK HONG KONG (TRUSTEE) LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
6 November 1971
Case Number
HCA1062/1971
Procedural Posture
Garnishee Proceeding / Application to Make Garnishee Order Nisi Absolute
Outcome
Garnishee order nisi made absolute; deposit to be refunded to judgment debtor; costs awarded against garnishee.
Legal Topics
Garnishee Order, Deposit Forfeiture, Breach of Lease, Subletting, Mitigation of Loss, Surrender of Lease, Appropriation of Deposit
Source Language
EN
Civil Procedure Contract Law Landlord and Tenant Law Debt Recovery Garnishee Order Deposit Forfeiture Breach of Lease Subletting +3 more

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Parties

WORLD OF WIGS LIMITED

Judgment Creditor

FEMINA LIMITED

Judgment Debtor

HONG KONG & SHANGHAI BANK HONG KONG (TRUSTEE) LIMITED

Garnishee

Procedural Posture

Garnishee Proceeding / Application to Make Garnishee Order Nisi Absolute

Legal Issues

  1. 1 Whether garnishee entitled to appropriate deposit without proof of loss
  2. 2 Whether breach by subletting justified forfeiture of deposit
  3. 3 Effect of subsequent re-letting at higher rent on claimed loss

Ratio Decidendi

The garnishee cannot appropriate the full deposit without proving actual loss; on the evidence the garnishee profited from the re-letting and did not suffer the claimed loss, therefore the deposit must be refunded and the garnishee order nisi made absolute.

Court Disposition

Garnishee order nisi made absolute; deposit to be refunded to judgment debtor; costs awarded against garnishee.

Orders

  • Garnishee order nisi made absolute
  • Deposit of $3,060 to be refunded to the judgment debtor