9 Nov 1999
CHELLIC INDUSTRIES LTD. v. DATACOM WIRE & CABLE CO. LTD.
- Citation
- CHELLIC INDUSTRIES LTD. v. DATACOM WIRE & CABLE CO. LTD.
- Court
- Court of First Instance
- Case number
- HCA11656/1999
Section 181 applies and a stay should be granted because execution by way of garnishee is not complete until the creditor has received the money; the bank had not paid the plaintiff and the stay is necessary to protect pari passu distribution of creditors. Even if the garnishee order absolute were treated as completing execution, the court would exercise its discretion to stay the garnishee given prior notice, procedural defects and the need to preserve collective creditor interests.