Harjai v Fraser [2016] NSWCA 2

Harjai v Fraser [2016] NSWCA 2

Mr Harjai failed to demonstrate any error or unreasonableness in the original judgment, nor did he show evidence of prejudice or reasonable prospects of success on appeal required to discharge the order. Consequently, the notice of motion was dismissed with costs.

Jurisdiction
Australia
Judgment Date
01 February 2016
Procedural Posture
Application for Interlocutory Injunction / Application to Discharge Order Made by Judge Pursuant to S 46(4) of Supreme Court Act 1970 (nsw)
Outcome
Application dismissed
Legal Topics
['interlocutory Injunction' 'ownership of Goods' 'appeals From Discretionary Decisions' 'discharging Orders']
['civil Procedure'] ['interlocutory Injunction' 'ownership of Goods' 'appeals From Discretionary Decisions' 'discharging Orders']

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Procedural Posture

Application for Interlocutory Injunction / Application to Discharge Order Made by Judge Pursuant to S 46(4) of Supreme Court Act 1970 (nsw)

Legal Issues

  1. 1 ['Whether there are reasonable prospects of success on appeal' 'Whether applicant demonstrated prejudice if injunction not granted' 'Whether error shown on part of single judge']

Ratio Decidendi

Mr Harjai failed to demonstrate any error or unreasonableness in the original judgment, nor did he show evidence of prejudice or reasonable prospects of success on appeal required to discharge the order. Consequently, the notice of motion was dismissed with costs.

Court Disposition

Application dismissed

Orders

  • ['The notice of motion dated 15 January 2016 filed by the appellant is dismissed.' "The appellant is to pay the respondents' costs of the application."]