THE HONG KONG CHINESE BANK LTD. v. FUNG KWONG CHIU ADVERTSING CO. LTD.

THE HONG KONG CHINESE BANK LTD. v. FUNG KWONG CHIU ADVERTSING CO. LTD.

Leave to adduce additional evidence was granted because the garnishee's proposed evidence did not raise a new defence arising after the Master's hearing but supplied details of indebtedness already the subject of the pleaded fixed charges; therefore the garnishee may prove the secured liabilities to resist garnishment.

Citation
THE HONG KONG CHINESE BANK LTD. v. FUNG KWONG CHIU ADVERTSING CO. LTD.
Parties
Judgment Creditor: FUNG KWONG CHIU ADVERTSING COMPANY LIMITED; Judgment Debtor: CHARTER BEST DEVELOPMENT LIMITED; Garnishee: THE HONG KONG CHINESE BANK LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 September 1995
Case Number
HCA1745/1994
Procedural Posture
Garnishee Proceedings / Re Hearing on Appeal in Chambers
Outcome
Leave to adduce additional evidence granted to the garnishee; matter to proceed with the additional evidence on re-hearing.
Legal Topics
Garnishee Order, Fixed Charge, Assignment of Deposit, Leave to Adduce Fresh Evidence, Judgment Enforcement
Source Language
EN
Civil Procedure Debt Recovery Security Interests Banking Law Garnishee Order Fixed Charge Assignment of Deposit Leave to Adduce Fresh Evidence +1 more

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Parties

FUNG KWONG CHIU ADVERTSING COMPANY LIMITED

Judgment Creditor

CHARTER BEST DEVELOPMENT LIMITED

Judgment Debtor

THE HONG KONG CHINESE BANK LIMITED

Garnishee

Procedural Posture

Garnishee Proceedings / Re Hearing on Appeal in Chambers

Legal Issues

  1. 1 Whether a bank's fixed charge over a deposit prevents a garnishee order attaching that deposit
  2. 2 Whether the garnishee should be permitted to adduce additional evidence of the indebtedness secured by the fixed charge on re-hearing
  3. 3 Whether the additional evidence amounts to a new defence arising after the Master's hearing

Ratio Decidendi

Leave to adduce additional evidence was granted because the garnishee's proposed evidence did not raise a new defence arising after the Master's hearing but supplied details of indebtedness already the subject of the pleaded fixed charges; therefore the garnishee may prove the secured liabilities to resist garnishment.

Court Disposition

Leave to adduce additional evidence granted to the garnishee; matter to proceed with the additional evidence on re-hearing.

Orders

  • Leave granted to the garnishee to adduce additional evidence on appeal