ROBERT TOW v. PATRICIA NGIT HOONG LEONG

ROBERT TOW v. PATRICIA NGIT HOONG LEONG

The fixed deposit was held as security for overdraft facilities and gave the bank an equitable charge; accordingly there was no debt owing or accruing to the judgment debtor that he could immediately sue upon, so the garnishee order nisi must be discharged and the sums including the $500 debit are not attachable.

Citation
ROBERT TOW v. PATRICIA NGIT HOONG LEONG
Parties
Judgment Debtor: ROBERT TOW also known as ROBERT YEE TOW; Judgment Creditor: PATRICIA NGIT HOONG LEONG also known as PATRICIA TOW; Garnishee: WING LUNG BANK LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 November 1971
Case Number
HCMC89/1969
Procedural Posture
Divorce Jurisdiction / Garnishee Application Decision
Outcome
Garnishee order nisi discharged; no order as to costs
Legal Topics
Garnishment, Attachment of Debts, Equitable Charge, Fixed Deposit, Overdraft, Assignment, Maintenance Order Enforcement
Source Language
EN
Family Law Civil Procedure Debt Enforcement Equity Banking Law Garnishment Attachment of Debts Equitable Charge +4 more

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Parties

ROBERT TOW also known as ROBERT YEE TOW

Judgment Debtor

PATRICIA NGIT HOONG LEONG also known as PATRICIA TOW

Judgment Creditor

WING LUNG BANK LIMITED

Garnishee

Procedural Posture

Divorce Jurisdiction / Garnishee Application Decision

Legal Issues

  1. 1 Whether a fixed deposit held by the garnishee was an attachable debt of the judgment debtor
  2. 2 Whether the transaction constituted an assignment or merely gave the bank an equitable charge
  3. 3 Whether sums debited to the judgment debtor's current account were attachable

Ratio Decidendi

The fixed deposit was held as security for overdraft facilities and gave the bank an equitable charge; accordingly there was no debt owing or accruing to the judgment debtor that he could immediately sue upon, so the garnishee order nisi must be discharged and the sums including the $500 debit are not attachable.

Court Disposition

Garnishee order nisi discharged; no order as to costs

Orders

  • Garnishee order nisi dated 6 October 1971 discharged with regard to the balance due under the order
  • No order as to costs