12 Oct 2010
ARTHUR ANTONIO DA SILVA AND ANOTHER v. GABRIEL RICHARDO DIAS-AZEDO
- Citation
- ARTHUR ANTONIO DA SILVA AND ANOTHER v. GABRIEL RICHARDO DIAS-AZEDO
- Court
- Court of First Instance
- Case number
- HCA2158/2009
Although the garnishee order was properly amended under the slip rule and the amendment related back to 23 February 2010, the delay in payment meant the attachment was not completed by receipt before the subsequent bankruptcy steps; therefore the court refused to order payment out and left disposition of the funds to the bankruptcy court to avoid interfering with bankruptcy administration and potential trustee rights under s45.