Khattar v Hills Shoppingtown Pty Ltd (subject to a deed of company arrangement) [2024] NSWSC 1552

Khattar v Hills Shoppingtown Pty Ltd (subject to a deed of company arrangement) [2024] NSWSC 1552

The legal remedy of bankruptcy was not suitable because it would prematurely halt the challenge to tax assessment, and equitable execution is appropriate where legal remedies are inadequate and need not be exhausted; therefore, a receiver will be appointed to Ms Fayad's assets.

Parties
First Plaintiff: Carol Lourdes Khattar; Second Plaintiff: Georgia Khattar; Third Plaintiff: Alana Khattar; First Defendant: Hills Shoppingtown Pty Ltd (subject to a deed of company arrangement); Second Defendant: Maria Fayad; Third Defendant: Joseph Khattar
Jurisdiction
Australia
Judgment Date
29 November 2024
Procedural Posture
Equity / Application for Appointment of Receiver in Aid of Execution
Outcome
Receiver appointed to certain assets of Maria Fayad; orders sought in amended notice of motion granted.
Legal Topics
Receivers, Equitable Remedy, Enforcement of Judgment
Equity Receivers Equitable Remedy Enforcement of Judgment

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Parties

Carol Lourdes Khattar

First Plaintiff

Georgia Khattar

Second Plaintiff

Alana Khattar

Third Plaintiff

Hills Shoppingtown Pty Ltd (subject to a deed of company arrangement)

First Defendant

Maria Fayad

Second Defendant

Joseph Khattar

Third Defendant

Procedural Posture

Equity / Application for Appointment of Receiver in Aid of Execution

Legal Issues

  1. 1 Whether all remedies at law must be exhausted before appointing a receiver in aid of execution
  2. 2 Whether appointment of a receiver in aid of equitable execution is appropriate where bankruptcy has not been pursued

Ratio Decidendi

The legal remedy of bankruptcy was not suitable because it would prematurely halt the challenge to tax assessment, and equitable execution is appropriate where legal remedies are inadequate and need not be exhausted; therefore, a receiver will be appointed to Ms Fayad's assets.

Court Disposition

Receiver appointed to certain assets of Maria Fayad; orders sought in amended notice of motion granted.

Orders

  • Receiver appointed to certain assets of Maria Fayad.
  • Court to hear parties as to costs.