In the matter of 1A Eden Pty Limited [2021] NSWSC 82 the Court considered whether a disagreement between directors was solemn enough to wind up the company.

P, a director, applied to wind up a company that was the trustee of a unit trust.

P’s fellow directors were S and D. P said there was a deadlock and relations between them had broken down.

P and S were builders. D was a property developer. The 3 agreed to found the Co to develop a site together with P and S to share 50% of the profits and D to take the remaining half as unit holders.