Martyn Flint claims of part ownership of NDT Queensland

A court has rejected a Central Queensland man’s attempt to claim part ownership of a small business.

The Rockhampton court precinct. Photo: J Houley

A Central Queensland man has tried to claim part ownership of a small business by taking the managing director to court.

Yeppoon resident Martyn Flint filed a claim on February 15, 2023, to Rockhampton Magistrates Court in relation to ownership of NDT Queensland Pty Ltd - a NATA Accredited Non-Destructive Testing Service located in Yeppoon - with Rockhampton resident Justin Bryson being a respondent to the claim.

According to NDT Queensland’s website, NDT is the testing of materials in both science and industry that is done in such a way that the material under test in undamaged.

According to LinkedIn, Mr Bryson is the managing director of NDT Queensland and Mr Flint is the owner of CQ Compliance.

Magistrate Cameron Press said Mr Flint, in his claim, alleged he and Mr Bryson made the agreement in May 2019 and it was “understood that once the acquisition of the shares had been completed, there would be equal ownership of the company” and that “Mr Bryson aggressively forced the departure of myself and my wife from the business in July 2020”.

“The claim states as follows: that a partnership or joint ownership of a company, NDT Queensland Pty Ltd, existed between Mr Bryson and myself of behalf of our two families,” Mr Press said.

“We wish to claim at least 50 per cent of the value when the shares were purchased from the previous owners.”

“It appears, although it is not certain, that the plaintiff is seeking some form of declaration that there is a joint ownership of NDT Queensland,” he said.

Mr Press said the magistrates court did not have the power to make a declaration about ownership of a company.

An email to the court from Mr Flint sought to explain his absence, saying he “regretfully, is recovering from an operation” and “suffering from an internal infection” which has “led to insomnia, fatigue and fluid on the lungs”.

“Under the circumstances, I don’t feel that I can adequately represent myself in court,” the email stated.

Mr Flint sought an extension of time so he could get legal counsel.

The court heard this was the second time Mr Flint sought an extension due to medical issues and no medical certificate had been provided to the court.

Mr Press said the claim requested more than $44,000 for the shares, interest and cost to lodge the claim.

“Attached to this is some writing that I can’t possibly work out what it is supposed to mean,” he told the court.

“There’s arrows and boxes.”

Mr Bryson’s barrister Liam Kennedy told the court Mr Flint’s application was “deficient”.

The defendants – Mr Bryson and NDT Queensland – made an application to the court on May 19 to have Mr Flint’s claim dismissed.

Mr Press ruled in favour of the defendants and ordered Mr Flint pay the defendants costs, totalling $2681.

The Morning Bulletin contacted Mr Bryson for comment but had not received a response by publication.