Munstermann v Rayward; Rayward v Munstermann (No 2) [2017] NSWSC 455

Supreme Court New South Wales

Medium Neutral Citation: Munstermann v Rayward; Rayward v Munstermann (No 2) [2017] NSWSC 455 Hearing dates: 31 March 2017 Decision date: 31 March 2017 Jurisdiction: Equity Before: Stevenson J Decision: Final orders made, including that defendant repay loan account of $114,283 Catchwords: CORPORATIONS – oppression suit – first defendant to sell shares in third defendant to plaintiff – first defendant to repay loan account in third defendant – quantum of loan account – whether first defendant agreed that his FBT liability for use of car be debited to loan account Legislation Cited: Income Tax Assessment Act 1936 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Munstermann v Rayward; Rayward v Munstermann [2017] NSWSC 133 Category: Consequential orders (other than Costs) Parties: Marcus Otto Munstermann (Plaintiff/First Cross-Defendant) Mark Lindsay Rayward (First Defendant/Cross-Claimant) Mazmark Industries Pty Limited (Second Defendant/Cross-Claimant) QIA Group Pty Limited (Third Defendant/Third Cross-Defendant) Fuseworx Pty Limited (Fourth Defendant/Second Cross-Defendant) Representation: Counsel: A S McGrath SC (Plaintiff, Fourth Defendant and Cross-Defendants) D K L Raphael (First and Second Defendants and Cross-Claimants)

Solicitors: Henry Davis York (Plaintiff, Fourth Defendant and Cross-Defendants) Etienne Lawyers (First and Second Defendants and Cross-Claimants) File Number(s): SC 2015/339876