A garnishee order was obtained against a trustee purporting to attach the beneficiary’s share of the trust income. No income was however in the trustee’s hands which he was at that time due to pay to the beneficiary.
Held: The garnishee order was set aside, on the basis that the trustee could not be said to be a debtor ‘unless he has got in his hands money which it is his duty to hand over to the cestui que trust’
An available and appropriate course in this situation would be to apply for the appointment of a receiver.
Judges:
Lindley LJ, Fry LJ
Citations:
(1883) 11 QBD 518
Jurisdiction:
England and Wales
Cited by:
Cited – Taurus Petroleum Limited v State Oil Marketing Company of The Ministry of Oil, Republic of Iraq SC 25-Oct-2017
The parties disputed their contract arrangements. It was referred to an arbitration in London, but applying Iraqi law. The respondent failed to meet the award made against it, and the claimant sought to enforce the award here by means of third party . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 01 October 2022; Ref: scu.646122