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

Supreme Court New South Wales

Medium Neutral Citation: Khattar v Hills Shoppingtown Pty Ltd (subject to a deed of company arrangement) [2024] NSWSC 1552 Hearing dates: 29 November 2024 Date of orders: 29 November 2024 Decision date: 29 November 2024 Jurisdiction: Equity - Adoptions List Before: Kunc J Decision: Receiver appointed Catchwords: EQUITY — Equitable remedies — Receivers — Appointment in aid of execution of judgment — Whether all remedies at law should be exhausted Cases Cited: Hall v Foster [2012] NSWSC 974 Category: Principal judgment 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 ) Representation: Counsel: P Knowles SC /B Dziubinski (Plaintiffs) R Notley (Second Defendant)

Solicitors: O'Loughlin Westhoff (Plaintiffs) Pope & Spinks (Second Defendant) File Number(s): 2020/270245

EX TEMPORE JUDGMENT (REVISED)

Summary 1. This is an application by the plaintiffs pursuant to an amended notice of motion filed in Court today that, by way of equitable execution, a receiver be appointed to certain assets of the second defendant, Ms Fayad. For the reasons which follow, that order will be made. 2. Mr P Knowles of Senior Counsel appeared with Mr B Dziubinski of Counsel for the plaintiffs. Mr R Notley appeared for Ms Fayad. The Court acknowledges the assistance it has received from the parties' written and oral submissions.