Shaun Robert Fraser in his capacity as joint and several receiver and manager of Pacific Street Properties Pty Ltd (Receivers and Managers Appointed) and Campbelltown Factory Outlet Pty Ltd (Receivers and Managers Appointed) v Gogia [2015] NSWSC 1508

Supreme Court New South Wales

Medium Neutral Citation: Shaun Robert Fraser in his capacity as joint and several receiver and manager of Pacific Street Properties Pty Ltd (Receivers and Managers Appointed) and Campbelltown Factory Outlet Pty Ltd (Receivers and Managers Appointed) v Gogia [2015] NSWSC 1508 Hearing dates: 29 to 30 September 2015 and 9 October 2015 Decision date: 16 October 2015 Before: Ball J Decision: 1. Declare that the stock and fit-out located in shops 226, 232 and 233, "Brands On Sale" Discount Factory Outlet Centre, 32 Queen Street, Campbelltown, New South Wales (the Disputed Property) belongs to the first and second defendants;

2. The plaintiffs' costs of these proceedings be paid out of the Disputed Property;

3. The third defendant pay the first and second defendants' costs of these proceedings (including any costs payable by the first and second defendants to the plaintiffs consequent on order (2));

4. Liberty to apply on 7 days' notice for further orders to give effect to this judgment. Catchwords: PERSONAL PROPERTY – other cases – dispute among former business partners as to entitlement to fit-out and stock held at retail store owned by a company controlled by one of the partners – whether fit-out and stock was partnership property – no questions of principle Legislation Cited: Estate Agents (Contracts) Regulations 2008 (Vic) Category: Principal judgment Parties: 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) (First Plaintiff) 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) (Second Plaintiff) Sunny Gogia (First Defendant) Adia Holdings Pty Ltd (Second Defendant) Jitender Harjai (Third Defendant) Representation: Counsel: L Goodchild (First and Second Defendants) In Person (Third Defendant)