Munstermann v Rayward; Rayward v Munstermann (No 3) [2017] NSWSC 457

Supreme Court New South Wales

Medium Neutral Citation: Munstermann v Rayward; Rayward v Munstermann (No 3) [2017] NSWSC 457 Hearing dates: On the papers Decision date: 21 April 2017 Jurisdiction: Equity Before: Stevenson J Decision: Costs to be paid on an indemnity basis Catchwords: COSTS – whether award should be made for indemnity costs – whether defendant defended proceedings and prosecuted cross-claim in circumstances where he should have appreciated there were no prospects of success Legislation Cited: Corporations Act 2001 (Cth) Cases Cited: Dean v Stockland Property Management Pty Ltd (No 2) [2010] NSWCA 141 Munstermann v Rayward; Rayward v Munstermann (No 2) [2017] NSWSC 455 Munstermann v Rayward; Rayward v Munstermann [2017] NSWSC 133 Ragata Developments Pty Ltd v Westpac Banking Corporation (1993) 217 ALR 175 Category: 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