Leung in her capacity as Executrix of the Estate of the late Robert Ho v Fordyce

The case before the court involved Leung, acting in her capacity as the executrix of the estate of the late Robert Ho, who was seeking to enforce a judgment against Louise Aileen Fordyce. The dispute centred around the enforcement of a garnishee order, whereby debts owed to the defendant were to be attached to satisfy the judgment debt. The matter was heard in the court which granted the garnishee order.

The primary legal issue that the court needed to resolve was whether the garnishee order was valid and enforceable against the funds held in court. The court had to determine if the order was correctly issued, served, and if the funds held in court were indeed subject to the order. Another aspect of the case involved whether any valid exceptions or defenses could be raised by the defendant to challenge the enforcement of the order.

The court found that the garnishee order was properly issued and served and that the funds held in court were indeed subject to the order. The court considered the relevant statutory provisions and case law which supported the enforcement of the order. The court also dismissed any valid exceptions or defenses raised by the defendant. Consequently, the court ruled that the funds held in court should be paid to the plaintiff, Louise Aileen Fordyce. The court's decision was subject to a stay pending any appeal or application for leave to appeal.

The final orders of the court were that the amount of $63,389.40 held in court be paid to Louise Aileen Fordyce. The orders were to be stayed pending any appeal or application for leave to appeal from them. This decision provided clarity on the enforceability of the garnishee order and the rights of the parties involved in the dispute.