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High Court Rules re Garnishee Orders

Introductory note:
The law concerning the processes and procedures to be followed in litigation is found in the rules
of the court. Different courts (e.g. Magistrates Court; High Court) have different rules. The rules
of the court are made by the court itself rather than the legislature. In Fiji the High Court Rules
are formally made by the Chief Justice.
The current High Court Rules were adopted in 1988. The Rules are largely based on similar court
rules from England.
Rather than having sections and subsections etc as in an Act, the Rules are composed of Orders
and rules. O.14, r.1 means Order 14, rule number 1.
This document contains an edited version of Order 49 concerning garnishee orders.
In civil disputes a successful claim typically results in a money judgment. The defendant is ordered to pay
the plaintiff a sum of money. The judgment results in a creditor-debtor relationship. Since the sum due
results from a judgment, the parties are known respectively as the judgment creditor and judgment debtor.
The judgment debtor should of course promptly pay the judgment debt now due to the judgment creditor.
Unhappily not all judgment debtors do this. In this event, the judgment creditor must go back to the court
and ask for assistance in collecting payment of the judgment debt. The process of enforcing payment of
the judgment debt with the assistance of the court is known as execution.
There are several forms of execution. The particular form that a judgment creditor utilizes depends on
what type of asset/s the judgment debtor owns. Where the judgment debtor has an asset in the form of a
receivable the judgment creditor may obtain payment by means of a garnishee order. The court orders a
debtor of the judgment debtor to make payment to the judgment creditor.
The rules governing garnishee orders are found in Order 49 of the High Court Rules.
Banks most commonly get involved in garnishee matters as the guy in the middle. A recalcitrant
judgment debtor may have a bank account with a credit balance. The bank is a debtor of the judgment
debtor. The judgment creditor seeks to garnishee the customers receivable.

ORDER 49
GARNISHEE PROCEEDINGS
Attachment of debt due to judgment debtor (O.49, r.1)
1.-(1) Where a person (in this Order referred to as "the judgment creditor") has obtained a judgment or
order for the payment by some other person (in this Order referred to as "the judgment debtor") of money,
and any other person within the jurisdiction (in this Order referred to as "the garnishee") is indebted to
the judgment debtor, the Court may order the garnishee to pay the judgment creditor the amount of any
debt due or accruing due to the judgment debtor from the garnishee, or so much thereof as is sufficient to
satisfy that judgment or order and the costs of the garnishee proceedings.
(2) An order under this rule shall in the first instance be an order to show cause, specifying the time and
place for further consideration of the matter, and in the meantime attaching such debt as is mentioned in
paragraph (1), or so much thereof as may be specified in the order, to answer the judgment or order
mentioned in that paragraph and the costs of the garnishee proceedings.
Application for order (O.49, r.2)
2. An application for an order under rule 1 must be made ex parte supported by an affidavit(a) stating the name and last known address of the judgment debtor,
(b) identifying the judgment or order to be enforced and stating the amount of such judgment or
order and the amount remaining unpaid under it at the time of the application,
(c) stating, that to the best of the information or belief of the deponent the garnishee (naming
him) is within the jurisdiction and is indebted to the judgment debtor and stating the sources of
the deponents information or the grounds for his belief, and
(d) stating, where the garnishee is a bank having more than one place of business, the name and
address of the branch at which the judgment debtors account is believed to be held or, if it be the
case, that this information is not known to the deponent.
Service and effect of order to show cause (O.49, r.3)
3.-(1) Unless the Court otherwise directs, an order under rule 1 to show cause must be served(a) on the garnishee personally at least 15 days before the time appointed thereby for the further
consideration of the matter, and
(b) on the judgment debtor, at least 7 days after the order has been served on the garnishee and at
least 7 days before the time appointed by the order for the further consideration or the matter.
(2) Such an order shall bind in the hands of the garnishee as from the service of the order on him any debt
specified in the order or so much thereof as may be so specified.

No appearance or dispute of liability by garnishee (O.49, r.4)


4.-(1) Where on the further consideration of the matter the garnishee does not attend or does not dispute
the debt due or claimed to be due from him to the judgment debtor, the Court may make an order absolute
under rule 1 against the garnishee.
(2) An order absolute under rule 1 against the garnishee may be enforced in the same manner as any other
order for the payment of money.
Dispute of liability by garnishee (O.49, r.5)
5. Where on the further consideration of the matter the garnishee disputes liability to pay the debt due or
claimed to be due from him to the judgment debtor, the Court may summarily determine the question at
issue
[edited]
Discharge of garnishee (O.49, r.7)
7. Any payment made by a garnishee in compliance with an order absolute under this Order, shall be a
valid discharge of his liability to the judgment debtor to the extent of the amount paid or levied
[edited]

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