Hale v Victoria Plumbing Company Ltd
| Jurisdiction | England & Wales |
| Judge | LORD JUSTICE DANCKWERTS |
| Judgment Date | 22 April 1966 |
| Judgment citation (vLex) | [1966] EWCA Civ J0422-1 |
| Court | Court of Appeal |
| Date | 22 April 1966 |
[1966] EWCA Civ J0422-1
In The Supreme Court of Judicature
Court of Appeal
(From: Mr. Registrar Evans Leicester County Court)
Lord Justice Danckwerts and
Lord Justice Winn
Mr. GEOFFREY JONES (instructed by Messrs. Jaques & Co., Agents for Messrs. Harvey, Clarke & Adams, Leicester) appeared on behalf of the Appellant (Garnishee).
Mr. MARK SMITH (instructed by Messrs. Robinson & Bradley, Agents for Messrs. Robinson & Turnor, Leicester) appeared on behalf of the Respondent (Judgment Creditor).
: In this case the judgment creditor has obtained a garnishee order against the garnishee, whose name is En-Tout-Cas Company Limited, who we are told not only make the well-known hard tennis courts for which they have a reputation but also are builders and contractors. The deponent of the affidavit on behalf of the judgment creditor, after stating the amount of the total sum due from the judgment debtor as being £256. 138. 10d., says: "I am informed and verily believe that En-Tout-Cas Company Limited of Syston aforesaid is indebted to the judgment debtor my grounds of information and belief being given to me by Mr. R.G. Williams a Director of Victoria Plumbing Company Limited'. That company is the judgment debtor. There is no statement at all as to the nature of the debt or how it arises or anything else of that sort.
In reply to that, the deponent on behalf of the garnishee says, in paragraph 3 of his affidavit, "The above-named garnishee was not on the 14th day of March 1966 indebted to the above named judgment debtor Victoria Plumbing Company Limited in any sum of money whatever"; and, in paragraph 4, "Further I am informed and verily believe that the above-named garnishee The En-Tout-Cas Company Limited by reason of the judgment debtor's various breaches of contracts made between the garnishee and the judgment debtor, have claims against the said judgment debtor in excess of the amount claimed by the judgment creditor". He goes on to say: "Details of the said garnishee's claims have been supplied to the said judgment debtor and were in their possession prior to the date of the garnishee order nisi made herein dated 14th day of March 1966 and the affidavit of the judgment creditor made in support of...
To continue reading
Request your trial
-
Lim Boon Kwee (trading as BK Lim & Co) v Impexital SRL
......-contracted the installation of the stoneworks for levels 9-18 to a company known as Polybuilding (S) Pte Ltd (Polybuilding). 3.7. On 10 January ... order nisi being served on the garnishee: see 17 para 537 and Hale v Victoria Plumbing Co Ltd & Anor [1966] 2 QBD 746 , the judgment ......
-
Michael Bruce Fraser and Agatha Shuk-Yee Wong-Fraser and Davison Tools Ltd and Sankey Product Developments Ltd v Oystertec Plc and Paul Anthony Davidson and Adrian Philip Binney and Easyrad Ltd and Yorkshire Bank Plc
...right of set off in relation to a debt owing to the judgment debtor will be recognised as will an unliquidated cross claim: see Hale v Victoria Plumbing Limited [1966] 2 QB 746. 21 In relation to Account No 1, I take into account the fact that Account 1 was subject to an equitable charge in......
-
Singapore MRT Ltd v Moh Puay Kheng and Others
...... SMRT is a public company incorporated under the Companies Act and operates the mass rapid transit ...See Hale v Victoria Plumbing Co Ltd & Anor . If a person had obtained judgment ......
-
Chet's Transport Inc. v. Seaway Distributors Ltd., (1985) 69 N.S.R.(2d) 88 (TD)
...Ltd. (1976), 15 N.S.R.(2d) 408; 14 A.P.R. 408, refd to. [para. 6]. Hale v. Victoria Plumbing Co. Ltd. and En-Tout-Cas Co. Ltd., [1966] 2 All E.R. 672, refd to. [para. Morgan and Son Ltd. v. S. Martin Johnson and Company Ltd., [1948] 2 All E.R. 196, refd to. [para. 7]. Statutes Noticed: Civi......