A case review on One Investment and Consultancy Limited and
another v Cham Poh Meng (DBS Bank Ltd, garnishee) [2016] SGHC
208
INTRODUCTION
Although the sum involved was small, the High Court's
decision in One Investment and Consultancy Limited and another
v Cham Poh Meng (DBS Bank Ltd, garnishee) [2016] SGHC 208 is
one which would have a great impact in the area of enforcement of a
judgment debt – A joint account held in the names of a
judgment debtor and third parties jointly cannot be subject to
attachment under a garnishee order.
This decision, together with the reasons the High Court used to
justify it, now casts doubt on whether a bank is able to rely on a
common clause found in security documents which allows it to
combine any account held by a borrower (whether solely or jointly
with a third party) together with the borrower's liabilities.
More importantly, it now advances the possibility of borrowers
using joint accounts as a shield against enforcement
