Stephen Richard O’Ryan v Gregory Ray Golding No.3 [2019] NSWSC 1372

Supreme Court New South Wales

Medium Neutral Citation: Stephen Richard O'Ryan v Gregory Ray Golding No.3 [2019] NSWSC 1372 Hearing dates: 10 October 2019 Date of orders: 10 October 2019 Decision date: 10 October 2019 Jurisdiction: Equity - Technology and Construction List Before: Hammerschlag J Decision: Orders made giving leave to the liquidators to enter funding agreement, appointing themselves as administrators and making appropriate modifications to the operation of Pt 5.3A of the Corporations Act Catchwords: CORPORATIONS – winding up – Corporations Act 2001 (Cth) Pt 5.3A and ss 436B(2G), 436B(2)(g), 438A and 477(2B) – where company placed under winding up for deadlock, liquidators wish to appoint themselves as voluntary administrators to further the interests of the company by raising levies to carry out strata conversion and necessary building repairs – where Court refused earlier stay of the winding up pending a proposed appeal – present desirability of making orders sought Legislation Cited: Corporations Act 2001 (Cth) Cases Cited: Stephen Richard O'Ryan v Greg Ray Golding [2019] NSWSC 1229 Stephen Richard O'Ryan v Gregory Ray Golding No.2 [2019] NSWSC 1349 Re Cobar Mines Pty Ltd (rec & mgr apptd) (in liq) (1998) 30 ASCR 125 Re Dungowan Manly Pty Ltd (in liq) (2017) 124 ACSR 218 Re Dungowan Manly Pty Ltd (in liq) [2018] NSWSC 1083 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