Official Assignee v Grange Service Station Limited - [1968] NZLR 510

Bankruptcy and insolvency — Adjudication — Partnership — Two partners adjudicated bankrupt — Third partner not adjudicated bankrupt — No joint adjudication of partners — Moneys held by Official Assignee for each of two partners adjudicated bankrupt — Whether a debt owing by partners adjudicated bankrupt to partner not so adjudicated — Whether garnishee order against Official Assignee obtainable at suit of judgment creditor of partner not adjudicated bankrupt — Bankruptcy Act 1908, s. 72 — Partnership Act 1908, s. 41

Practice — Execution — Garnishee order — Two partners adjudicated bankrupt — Third partner not so adjudicated — Judgment creditor seeking garnishee order against moneys held by Official Assignee to the separate credit of the bankrupt partners in respect of a judgment against the partner not bankrupt — No joint adjudication in bankruptcy of partners — Whether garnishee order obtainable — Magistrates' Courts Act 1947, s. 96.