Harjai v Fraser [2016] NSWCA 2

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Harjai v Fraser [2016] NSWCA 2 Hearing dates: 1 February 2016 Decision date: 01 February 2016 Before: Basten JA at [15] and [23]; Macfarlan JA at [1]; Meagher JA at [21] Decision: (1) The Notice of Motion dated 15 January 2016 filed by the appellant is dismissed.

(2) The appellant is to pay the respondents' costs of the application. Catchwords: PRACTICE AND PROCEDURE – interlocutory injunction sought to prevent sale of goods pending appeal – trial judge rejected applicant's claim to own goods – injunction refused by single judge – application to vary order of single judge – whether reasonable prospects of success on appeal – whether applicant demonstrated prejudice if injunction not granted – whether error shown on part of single judge Legislation Cited: Supreme Court Act 1970 (NSW), ss 19, 46 Cases Cited: Fraser v Gogia [2015] NSWSC 1508 House v The King [1936] HCA 40; 55 CLR 499 Patrick v Howorth [2002] NSWCA 285 Tyneside Property Management Pty Ltd v Hammersmith Management Pty Ltd [2014] NSWCA 417 Transglobal Capital Pty Ltd v Yolarno Pty Ltd [2004] NSWCA 136; 60 NSWLR 143 Category: Procedural and other rulings Parties: Jitender Harjai (Applicant) 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) Worrells Solvency Forensic Accountants as liquidator of Gogia Holdings Pty Ltd (Fifth Respondent) Australian Securities and Investments Commission (Sixth Respondent) Representation: Counsel: Applicant self-represented Mr B Koch (First and Second Respondents) Ms L Goodchild (Third and Fourth Respondents)