30 Sept 1987
EVER GOOD TRADING CORPORATION v. CHENG CHING KWOK t/a BONANZA INDUSTRY CO AND OTHERS
- Citation
- EVER GOOD TRADING CORPORATION v. CHENG CHING KWOK t/a BONANZA INDUSTRY CO AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA5205/1986
Rule 32(4) makes fixed garnishee costs prima facie but not mandatory; the court has a general discretion and where a garnishee's involvement is significant and proceedings are complicated by disclosure (here BNP's disclosure of an additional Australian dollar account and related security), the prima facie fixed costs are displaced and the court may award costs on a higher basis; on these facts the proper exercise of discretion required awarding BNP party and party costs to be paid by the judgment creditor.