Garnishee order affirmed on appeal

Appeal against the Order of a Circuit Court - affirmed earlier order of County Registrar making absolute a conditional order of garnishee over all debts accruing to the appellant in the within proceedings from the Department of agriculture - appellant must pay to the respondent herein all sums due now or in the future to the appellant in respect of farming and/or land use related schemes from the Department - loan advanced by respondent to appellant on the basis that Department grants would be used to pay loan - grants formally assigned to respondent for that purpose - subsequently appellant informed respondent that assignment had been withdrawn - judgment obtained by respondent against appellant - conditional order of Garnishee later made by County Registrar - order then made absolute by County Registrar - dispute as to whether this application was contested - matter appealed to Circuit Court, who affirmed County Registrar's order - submissions before High Court - appellant says County Registrar had no jurisdiction to hear garnishee application where judgment was obtained in High Court - s. 22(1)(a) and s. 22(7) of the Courts (Supplemental Provisions) Act 1961 - concurrent jurisdiction not conferred on Circuit Court by provision of this act - appellant also submits that County Registrar had no jurisdiction as application for absolute order was contested - Order 18, r. 1 of the Circuit Court Rules - appellant also submits that Order 45, r. 1 of the Rules of the Superior Courts (“RSC”) provides that debts must be "owing or accruing" - in this regard appellant says that money from Department debt needs to be payable at the time of the application for the garnishee order or will become payable in future by reason of a present obligation - appellant submits that entitlement to Department grant does not arise automatically - debt only crystallises once entitlement is determined - appellant finally asks Court to exercise discretion not to make order on basis that: (a) she is insolvent &; (b) there is a scheme of arrangement in place that has a reasonable prospect of success - respondent says application never contested - no suggestion that there was no debt due or owing or no debt to attach - respondent submits that appeal is ad misericordiam in nature - no issue of jurisdiction raised in Circuit Court- respondent should be estopped from relying on said arguments - respondent says entitlement to the grant is created as a right by complying with the conditions set out for the grant prior to the application being made to the Department - thus it is an existing debt - respondent says literal reading of s. 22(7) confers Circuit Court with power to make garnishee order - decision - [obiter] Court satisfied that literal reading of legislation provides Circuit Court with jurisdiction - appellant estopped from relying on argument re. want of jurisdiction - should have been raised on appeal in Circuit Court - Court finds that, in all the circumstances, it should not exercise its discretion to overturn order of garnishee - Court notes that appellant misled the respondent in relation to the debt that was owed - Court rejects appeal.