In the matter of David Gregory Young in his capacity as liquidator of Great Wall Resources Pty Ltd (in liquidation) ACN 080 224 808 and the Corporations Act; Capocchiano v Young [2013] NSWSC 879

Supreme Court New South Wales

Medium Neutral Citation: In the matter of David Gregory Young in his capacity as liquidator of Great Wall Resources Pty Ltd (in liquidation) ACN 080 224 808 and the Corporations Act; Capocchiano v Young [2013] NSWSC 879 Hearing dates: 17-19, 21, 26 and 28 June 2013 Decision date: 02 July 2013 Jurisdiction: Equity Division Before: Kunc J Decision: Appeal against rejection of proof of debt dismissed; Liquidator's application for directions concerning any further proofs allowed Catchwords: COMPANIES – winding up – appeal from rejection of proof of debt – parties unable to establish state of account on balance of probabilities PRACTICE – abuse of process – injunction to restrain relitigation refused Legislation Cited: Corporations Act 2001 (Cth) Cases Cited: Optquest Pty Ltd v Marchesi (as trustee of the bankrupt estate of Vasiliou (a former bankrupt)) [2011] VSC 428 Re Galaxy Media Pty Limited (recs and mgrs apptd) (in liq); Walker and Another (in their capacity as recs and mgrs of Galaxy Media Pty Ltd) v Andrew (as liq of Galaxy Media Pty Ltd) and others (2001) 39 ACSR 483; [2001] NSWSC 917; Re GB Nathan & Co Pty Limited (in liq) (1991) 24 NSWLR 674 Re Kentwood Constructions Ltd [1960] 1 WLR 646; Tanning Research Laboratories Inc v O'Brien (1990) 169 CLR 332 Westpac Banking Corporation v Totterdell (1998) 20 WAR 150 Category: Principal judgment Parties: Mr F.S. Capocchiano (First Plaintiff) Mrs I. Capocchiano (Second Plaintiff) David Gregory Young in his capacity as liquidator of Great Wall Resources Pty Ltd (in liquidation) ACN 080 224 808 (Defendant) Representation: Mr F.S. Capocchiano (In person) Counsel: Mr S.C. Ipp (of counsel for the defendant) Solicitors: Kemp Strang (defendant) File Number(s): 2012/00260733 Publication restriction: No