Stephen Richard O’Ryan v Greg Ray Golding [2019] NSWSC 1229

Supreme Court New South Wales

Medium Neutral Citation: Stephen Richard O'Ryan v Greg Ray Golding [2019] NSWSC 1229 Hearing dates: 12 and 13 September 2019 Date of orders: 12 September 2019 Decision date: 12 September 2019 Jurisdiction: Equity - Technology and Construction List Before: Hammerschlag J Decision: Third defendant placed under winding up order Catchwords: WINDING UP – just and equitable – deadlock – where owners of shares in a company title apartment block are and have been in a state of warfare for years – agreement to convert to a strata scheme not implemented – building in need of repair – building contract not executed; HELD: winding up appropriate on the just and equitable basis – winding up order stayed for a short time to give the warring factions an opportunity to reach accommodation Legislation Cited: Corporations Act 2001 (Cth) Category: Principal judgment Parties: Stephen Richard O'Ryan - First Plaintiff Jane Anne O'Ryan - Second Plaintiff Greg Ray Golding - First Defendant Deborah Anne Golding - Second Defendant Wentworth Place Pty Ltd - Third Defendant Melanie Freyberg - Fourth Defendant Representation: Counsel: F.C. Corsaro SC - First and Second Plaintiffs

Solicitors: Chambers Russell Lawyers - First and Second Plaintiffs First Defendant - Self-Represented Second to Fourth Defendants - No Appearance File Number(s): 2015/98239

Judgment 1. HIS HONOUR: What follows under the heading "Reasons" are abbreviated ex tempore reasons which I gave on 12 September 2019 for ordering that the third defendant company (the company) should be placed under a winding up order but that the order be stayed for a brief period to allow the parties to avoid winding up by coming to a consensual resolution. 2. The proceedings were referred to me by Sackar J sitting as the Expedition List Judge, on 6 September 2019 because of the obvious necessity for them to be resolved quickly in circumstances where the Commercial List was able to accommodate an urgent hearing. On that day, I fixed the motion for hearing on Thursday, 12 September 2019, and made directions to get it ready. I received written submissions from the plaintiffs and from the first defendant. 3. The original motion sought the appointment of a receiver, but it was amended to include a prayer for the appointment of liquidators. Affidavits were read on the motion from both sides. 4. The plaintiffs are Mr Stephen Richard O'Ryan and his wife, Jane Anne O'Ryan (the O'Ryans). 5. The first defendant is Mr Greg Ray Golding and the second defendant is his wife, Mrs Deborah Anne Golding (the Goldings). I was told from the Bar table that Mr Golding is a solicitor of this Court. Mr Golding appeared for himself. Although he did not appear for his wife, I inferred that what he put was on her behalf as well. 6. The third defendant is Wentworth Place Pty Ltd (the company). 7. The fourth defendant is Ms Melanie Freyberg. She did not participate in the contest, save to have it conveyed that she would abide the decision of the Court. I infer that she is on the side of the O'Ryans. 8. The animosity between the parties in Court was palpable.