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

The appeal in *Harjai v Shaun Robert Fraser in his capacity as joint and several receiver and manager of Pacific Street Properties Pty Ltd* concerned a dispute between former business associates regarding entitlement to the fit-out and stock in two retail stores. The appellant, Mr Harjai, contended he had an ownership interest in these assets, which were located at shops 226, 232, and 233 at the Discount Factory Outlets Centre in Campbelltown, New South Wales. The respondent, Mr Fraser, acting as receiver and manager of Pacific Street Properties Pty Ltd, asserted ownership of the disputed property. The matter was heard by Beazley P, McColl and Meagher JJA of the Court of Appeal of New South Wales.

The primary legal issues before the Court of Appeal were whether the appellant had an ownership interest in the fit-out and stock, and whether the primary judge had erred in making an affirmative declaration as to the respondent’s ownership of the disputed property. The court also considered whether certain agreements, which purported to resolve all outstanding interests between the parties and associated entities, were binding and determined the extent, if any, of the appellant’s interest in the disputed property. The court noted that no question of principle was involved.

The Court of Appeal allowed the appeal in part. It set aside the primary judge's declaration of ownership. The Court of Appeal declared that Mr Harjai did not have any ownership interest in the stock and fit-out located at the specified Campbelltown shops. Furthermore, it declared that, as between the appellant and the third and fourth respondents, those respondents were entitled to possession of the disputed property. Subject to existing orders as to costs, there was no order as to the remaining costs of the appeal.