ONG MENG LIN v. YEUNG FU YEE and Another

ONG MENG LIN v. YEUNG FU YEE and Another

The appeal was dismissed because the judgment creditor proved a prima facie indebtedness (based on the 7 September 1995 letter) and the garnishee made no evidential attempt to rebut that case or to justify withholding the document; therefore the garnishee order was properly granted.

Citation
ONG MENG LIN v. YEUNG FU YEE and Another
Parties
Judgment Creditor: ONG MENG LIN; Judgment Debtor: YEUNG FU YEE; Judgment Debtor: FINE SEASONS FAR EAST LIMITED; Garnishee: B. MANEK & CO.
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 January 1996
Case Number
HCA3936/1993
Procedural Posture
Garnishee Proceedings / Appeal Against Garnishee Order Dismissed in Chambers
Outcome
Appeal dismissed; garnishee order upheld
Legal Topics
Garnishee Order, Prima Facie Indebtedness, Evidence Production, Privilege Claim
Source Language
EN
Civil Procedure Debt Recovery Garnishment Garnishee Order Prima Facie Indebtedness Evidence Production Privilege Claim

Case Brief

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Parties

ONG MENG LIN

Judgment Creditor

YEUNG FU YEE

Judgment Debtor

FINE SEASONS FAR EAST LIMITED

Judgment Debtor

B. MANEK & CO.

Garnishee

Procedural Posture

Garnishee Proceedings / Appeal Against Garnishee Order Dismissed in Chambers

Legal Issues

  1. 1 Whether the garnishee was indebted to the judgment debtors
  2. 2 Whether the judgment creditor established a prima facie case to obtain a garnishee order
  3. 3 Whether the garnishee rebutted the prima facie case with evidence

Ratio Decidendi

The appeal was dismissed because the judgment creditor proved a prima facie indebtedness (based on the 7 September 1995 letter) and the garnishee made no evidential attempt to rebut that case or to justify withholding the document; therefore the garnishee order was properly granted.

Court Disposition

Appeal dismissed; garnishee order upheld

Orders

  • Appeal dismissed with costs
  • Certificate for counsel granted