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.
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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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