20 Oct 2023
CHOW LILY v. CHOW WAI WAI VIOLET AND ANOTHER
- Citation
- [2023] HKCA 1230
- Court
- Court of Appeal
- Case number
- CAMP202/2021
The appeal was dismissed because the court, exercising its discretion under Order 49, concluded it would have been inequitable to have made the garnishee order absolute on 9 June 2023 given the defendants' substantial unliquidated cross‑liabilities under the 2023 costs order nisi (50% of defendants' costs) arising from the same proceedings and likely to exceed the plaintiff's assessed entitlement; equitable set‑off and the pending costs variation meant the garnishee relief should not be granted.