New South Wales Consolidated Acts

CIVIL PROCEDURE ACT 2005 - SECT 124

124 Procedure where garnishee order not complied with

(cf Act No 9 1973, section 102; Act No 11 1970, section 52)

(1) On the application of a judgment creditor who considers that a garnishee order has not been complied with, the court--

(a) may hear and determine any question as to the liability of the garnishee to pay the debt, wage or salary or rent sought to be attached by the garnishee order, and

(b) if satisfied that the garnishee is so liable, may give judgment in favour of the judgment creditor against the garnishee--

(i) for the amount of that debt, wage or salary or rent, or

(ii) for the unpaid amount of the judgment debt,

whichever is the lesser.

(2) The court may refuse to give such a judgment if it is of the opinion that such a judgment should not be given.

(3) Without limiting subsection (2), the reasons that may lead the court to form such an opinion may include--

(a) the smallness of the amount outstanding under the judgment, and

(b) the smallness of the debt, wage or salary or rent to be attached.

(4) As between the garnishee and the judgment debtor, an amount paid to the judgment creditor by the garnishee under a judgment given under this section is taken to have been paid to the judgment debtor.