By: Katie Mai McCarthy BL
High Court refuses to make a conditional order of garnishee absolute, in circumstances where the creditor had failed to establish an essential proof, namely that the proposed garnishee owed money to the judgment debtor.
Conditional garnishee order - application to make conditional garnishee order absolute - order 45 of the rules of the superior courts - proofs need to be satisfied - plaintiff must establish that they have obtained a judgment or order for the recovery of money and they or their solicitor must state on affidavit that any other person is indebted to the debtor - court discretion - plaintiff in these proceedings proved the existence of a judgment in his favour - challenge of whether the named garnishee is or was a person indebted to the defendant - argument that court was misled at ex parte application - named garnishee disputed that they were indebted to the defendant - plaintiff failed to establish an essential proof - that the entity that he chose to name as garnishee is indebted to the defendant - application refused
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