Harjai v Fraser [2015] NSWCA 415

Harjai v Fraser [2015] NSWCA 415

Mr Harjai has not established a prima facie case for relief; the stock was not shown to be his property but rather partnership or corporate property, and the proper remedy would be an account, not interlocutory injunctive relief. Any claimed individual entitlement would be remediable by damages, and there was insufficient evidence of irreparable harm or inability of the respondents to satisfy a monetary claim. Accordingly, the notice of motion for stay/injunction is dismissed with costs.

Parties
Appellant: Jitender Harjai; First Respondent: Shaun Robert Fraser in his capacity as joint and several receiver and manager of Pacific Street Properties Pty Ltd (Receivers and Managers Appointed) ACN 128 479 274 and Campbelltown Factory Outlet Pty Ltd (Receivers and Managers Appointed) ACN 122 073723; Second Respondent: Joseph David Hayes in his capacity as joint and several receiver and manager of Pacific Street Properties Pty Ltd (Receivers and Managers Appointed) ACN 128 479 274 and Campbelltown Factory Outlet Pty Ltd (Receivers and Managers Appointed) ACN 122 073723; Third Respondent: Sunny Gogia; Fourth Respondent: Adia Holdings Pty Ltd
Jurisdiction
Australia
Judgment Date
21 December 2015
Procedural Posture
Notice of Motion (interlocutory Application) in Appeal / Interlocutory Motion (application for Stay/injunction) Pending Appeal
Outcome
Notice of motion dismissed with costs.
Legal Topics
Interlocutory Injunctions Pending Appeal, Ownership of Stock, Stay of Orders
Practice and Procedure Interlocutory Injunctions Pending Appeal Ownership of Stock Stay of Orders

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Parties

Jitender Harjai

Appellant

Shaun Robert Fraser in his capacity as joint and several receiver and manager of Pacific Street Properties Pty Ltd (Receivers and Managers Appointed) ACN 128 479 274 and Campbelltown Factory Outlet Pty Ltd (Receivers and Managers Appointed) ACN 122 073723

First Respondent

Joseph David Hayes in his capacity as joint and several receiver and manager of Pacific Street Properties Pty Ltd (Receivers and Managers Appointed) ACN 128 479 274 and Campbelltown Factory Outlet Pty Ltd (Receivers and Managers Appointed) ACN 122 073723

Second Respondent

Sunny Gogia

Third Respondent

Adia Holdings Pty Ltd

Fourth Respondent

Procedural Posture

Notice of Motion (interlocutory Application) in Appeal / Interlocutory Motion (application for Stay/injunction) Pending Appeal

Legal Issues

  1. 1 Whether interlocutory injunction or stay should be granted pending appeal
  2. 2 Whether applicant has established an entitlement to stock or assets in dispute
  3. 3 Proper remedy for partnership property claims

Ratio Decidendi

Mr Harjai has not established a prima facie case for relief; the stock was not shown to be his property but rather partnership or corporate property, and the proper remedy would be an account, not interlocutory injunctive relief. Any claimed individual entitlement would be remediable by damages, and there was insufficient evidence of irreparable harm or inability of the respondents to satisfy a monetary claim. Accordingly, the notice of motion for stay/injunction is dismissed with costs.

Court Disposition

Notice of motion dismissed with costs.

Orders

  • Notice of motion dismissed.
  • Applicant (Mr Harjai) to pay respondents' costs.