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The Garnishment of Monies in Joint Bank Accounts: Timing Ltd v Tay Toh Hin and another [2020] SGHC 169; and Timing Ltd v Tay Toh Hin and another [2021] SGHC 5

Chan, Leon Vincent; Sim, Bing; (2021) The Garnishment of Monies in Joint Bank Accounts: Timing Ltd v Tay Toh Hin and another [2020] SGHC 169; and Timing Ltd v Tay Toh Hin and another [2021] SGHC 5. Civil Justice Quarterly , 40 (4) pp. 256-262. 10.2139/ssrn.3903288. Green open access

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Abstract

Generally, common law jurisdictions do not allow for the garnishing of monies in a joint account to satisfy a judgment debt. In Timing Ltd v Tay Toh Hin and another [2020] SGHC 169; and Timing Ltd v Tay Toh Hin and another [2021] SGHC 5, the Singapore High Court carved out a limited exception to the rule, allowing a provisional garnishee order to be granted over a joint account where there is at least strong prima facie evidence that all monies in that account belongs to the judgment debtor. The authors believe that the exception is a step in the right direction: it disincentivises judgment debtors from using joint accounts to keep assets out of their creditors’ reach. At the same time, the requirement of strong prima facie evidence is a high threshold which ensures that garnishee banks and joint account holders will not be subject to frivolous proceedings. However, there remain a number of substantive and procedural issues, such as the legal effect of a garnishee order on the ownership rights of the joint account holders, and the appropriate costs orders in such proceedings, which will need to be dealt with in future cases.

Type: Article
Title: The Garnishment of Monies in Joint Bank Accounts: Timing Ltd v Tay Toh Hin and another [2020] SGHC 169; and Timing Ltd v Tay Toh Hin and another [2021] SGHC 5
Open access status: An open access version is available from UCL Discovery
DOI: 10.2139/ssrn.3903288
Publisher version: https://doi.org/10.2139/ssrn.3903288
Language: English
Additional information: This version is the author accepted manuscript. For information on re-use, please refer to the publisher’s terms and conditions.
Keywords: Garnishee orders, joint bank accounts, third party debt orders
UCL classification: UCL
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: https://discovery.ucl.ac.uk/id/eprint/10177310
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