ARTHURANTONIO DA SILVA AND ANOTHER v. GABRIEL RICHARDO DIAS-AZEDO AND ANOTHER

ARTHURANTONIO DA SILVA AND ANOTHER v. GABRIEL RICHARDO DIAS-AZEDO AND ANOTHER

The court accepted Grant Thornton's certified position that, as at 6 January 2010, the net position after set-off showed the judgment debtor was indebted to Grant Thornton (not vice versa) and that unresolved contingencies were unlikely to reverse that position; therefore no debt was owing by the garnishee to the judgment debtor into which the plaintiffs could step, and the garnishee proceedings were dismissed.

Citation
ARTHURANTONIO 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
7 June 2010
Case Number
HCA2158/2009
Procedural Posture
Garnishee Proceedings (high Court, Court of First Instance) / Application to Make Garnishee Order Nisi Absolute; Judgment on Application (resumed Hearing and Decision)
Outcome
Garnishee proceedings dismissed; application to make order nisi absolute refused; costs to follow the event (order nisi).
Legal Topics
Garnishee Order, Set Off, Partnership Accounts, Bankruptcy Petition, Costs
Source Language
EN
Civil Procedure Debt Recovery Partnership Law Insolvency Law Garnishee Order Set Off Partnership Accounts Bankruptcy Petition +1 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 (high Court, Court of First Instance) / Application to Make Garnishee Order Nisi Absolute; Judgment on Application (resumed Hearing and Decision)

Legal Issues

  1. 1 Whether the garnishee (Grant Thornton) owed a debt to the judgment debtor as at the relevant date
  2. 2 Whether the garnishee proceedings are competent given the garnishee's asserted set-off and judgment in default
  3. 3 Whether to make the garnishee order nisi absolute or dismiss/adjourn pending a third party bankruptcy petition

Ratio Decidendi

The court accepted Grant Thornton's certified position that, as at 6 January 2010, the net position after set-off showed the judgment debtor was indebted to Grant Thornton (not vice versa) and that unresolved contingencies were unlikely to reverse that position; therefore no debt was owing by the garnishee to the judgment debtor into which the plaintiffs could step, and the garnishee proceedings were dismissed.

Court Disposition

Garnishee proceedings dismissed; application to make order nisi absolute refused; costs to follow the event (order nisi).

Orders

  • Garnishee proceedings dismissed
  • Application to make garnishee order nisi absolute refused