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

A stay of the winding up order was refused because the parties remained in irresolvable deadlock, the company’s decision-making was paralysed, company was insolvent, and the prejudice alleged by Golding was not substantiated; practical opportunities remain for Golding to seek appellate relief independently.

Parties: First Plaintiff: Stephen Richard O'Ryan; Second Plaintiff: Jane Anne O'Ryan; First Defendant: Gregory Ray Golding; Second Defendant: Deborah Anne Golding; Third Defendant: Wentworth Place Pty Ltd (in liquidation); Fourth Defendant: Melanie Freyberg
Jurisdiction: Australia
Judgment Date: 03 October 2019
Procedural Posture: Application for Stay / Post Winding Up Order; Stay Application
Outcome: Application for stay dismissed
Legal Topics: Winding Up, Company Deadlock, Stay of Orders, Voluntary Administration

Corporations Equity Technology and Construction Winding Up Company Deadlock Stay of Orders Voluntary Administration

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1

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

Procedural Posture

Application for Stay / Post Winding Up Order; Stay Application

Legal Issues

1 Whether a stay of the winding up order should be granted pending appeal
2 Whether company is in irresolvable deadlock and insolvent
3 Whether prejudice to the Goldings or interests of shareholders justify a stay

Ratio Decidendi

Court Disposition

Application for stay dismissed

Orders

Amended Notice of Motion filed 3 October 2019 dismissed