Stephen Richard O’Ryan v Gregory Ray Golding No.2 [2019] NSWSC 1349

Supreme Court New South Wales

Medium Neutral Citation: Stephen Richard O'Ryan v Gregory Ray Golding No.2 [2019] NSWSC 1349 Hearing dates: 3 October 2019 Date of orders: 03 October 2019 Decision date: 03 October 2019 Jurisdiction: Equity - Technology and Construction List Before: Hammerschlag J Decision: Application for a stay dismissed Catchwords: PRACTICE AND PROCEDURE – winding up order – where company in deadlock – application for a stay pending a foreshadowed appeal – where it is clear that parties will not reach agreement on matters necessary for the company to survive and operate – where liquidator says company insolvent and has formed the unchallenged opinion that the relationship between the principal protagonists has reached such a level of dysfunctionality to the point where the ability of the company to make decisions is effectively paralysed – where the first defendant conceded that winding up was inevitable unless the parties reached agreement – stay neither desirable nor justified in the circumstances – turns on its own facts – where factual circumstances will give the first defendant the practical opportunity to approach the Court of Appeal for a stay should he be advised; HELD: stay refused Legislation Cited: Corporations Act 2001 (Cth) Cases Cited: Stephen Richard O'Ryan v Greg Ray Golding [2019] NSWSC 1229 Category: Procedural and other rulings Parties: Stephen Richard O'Ryan - First Plaintiff Jane Anne O'Ryan - Second Plaintiff Gregory Ray Golding - First Defendant Deborah Anne Golding - Second Defendant Wentworth Place Pty Ltd (in liquidation) - Third Defendant Melanie Freyberg - Fourth Defendant Representation: Counsel: F.C. Corsaro SC - First and Second Plaintiffs J. Hynes - Third Defendant