Harjai v Shaun Robert Fraser in his capacity as joint and several receiver and manager of Pacific Street Properties Pty Ltd [2016] NSWCA 223

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Harjai v Shaun Robert Fraser in his capacity as joint and several receiver and manager of Pacific Street Properties Pty Ltd [2016] NSWCA 223 Hearing dates: 28 July 2016Further written submissions 17 August 2016 Decision date: 25 August 2016 Before: Beazley P at [1]; McColl JA at [2]; Meagher JA at [3] Decision: 1. Appeal allowed in part. 2. Set aside the declaration in order 1 made on 16 October 2015. 3. Declare that Mr Harjai did not have any ownership interest in the stock and fit out located in shops 226, 232 and 233 "Brands on Sales, Discount Factory Outlets Centre, 32 Queens Street, Campbelltown, New South Wales. 4. Declare that as between the appellant and the third and fourth respondents the third and fourth respondents were entitled to possession of the property described in order 3. 5. Subject to existing orders as to costs, there be no order as to the remaining costs of the appeal. Catchwords: PERSONAL PROPERTY – dispute between former business associates as to entitlement to fit out and stock in two retail stores – where purported transfer and re-transfer of business assets in context of liquidation proceedings – where property in different ownership may have been intermingled – whether appellant had an ownership interest in fit out and stock – whether primary judge erred in making affirmative declaration as to respondent's ownership of disputed property – no question of principle

CONTRACT – where agreements purported to resolve all outstanding interests between partners and associated entities – whether binding agreements determining extent if any of appellant's interest in disputed property Legislation Cited: Corporations Act 2001 (Cth), s 601AD Uniform Civil Procedure Rules 2005 (NSW), r 43.7(2)(e) 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) (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) (Second Respondent) Sunny Gogia (Third Respondent) Adia Holdings Pty Ltd (Fourth Respondent) Representation: Counsel: In Person (Appellant) No appearance (First and Second Respondents) No appearance (Third and Fourth Respondents) File Number(s): 2015/321674 Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Common Law Citation: [2015] NSWSC 1508 Date of Decision: 16 October 2015 Before: Ball J File Number(s): 2014/170416