Harjai v Fraser [2015] NSWCA 415

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Harjai v Fraser [2015] NSWCA 415 Hearing dates: 18 December 2015 Decision date: 21 December 2015 Before: Beazley P Decision: Notice of motion dismissed with costs. Catchwords: PRACTICE AND PROCEDURE – interlocutory injunction pending appeal – limited prospects of success Legislation Cited: Supreme Court Act 1970 (NSW) Cases Cited: Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd [2001] HCA 63; 208 CLR 199 Australian Broadcasting Corporation v O'Neill [2006] HCA 46; 227 CLR 57 Category: Principal judgment 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) Representation: Counsel: In person (Appellant) B Koch (First and Second Respondents) L Goodchild (Third and Fourth Respondents)

Solicitors: In person (Appellant) Sydun & Co Solicitors (Third and Fourth Respondents) File Number(s): 2015/321674 Decision under appeal Court or tribunal: Supreme Court Citation: [2015] NSWSC 1508 Date of Decision: 16 October 2015 Before: Ball J File Number(s): 2014/170416