O'Neill v Piscopo

[2011] FCA 773

FEDERAL COURT OF AUSTRALIA

O’Neill v Piscopo [2011] FCA 773

Citation:	O’Neill v Piscopo [2011] FCA 773
Appeal from:	Rose & Ors v Piscopo [2010] FMCA 948
Parties:	MICHAEL O’NEILL v SAMUEL PISCOPO and TERRY DONALD HILL
File number(s):	NSD 52 of 2011
Judge:	EMMETT J
Date of judgment:	28 June 2011
Legislation:	Bankruptcy Act 1966 (Cth) s 179
Date of hearing:	28 June 2011
Place:	Sydney
Division:	GENERAL DIVISION
Category:	No catchwords
Number of paragraphs:	13
Counsel for the appellant:	R D Marshall with D Bampton
Solicitor for the appellant:	O’Neill Partners
Counsel for the respondents:	D Allen
Solicitor for the respondents:	Proctor & Associates

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 52 of 2011

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

MICHAEL O’NEILL
Appellant

AND:

SAMUEL PISCOPO
First Respondent

TERRY DONALD HILL
Second Respondent

JUDGE:	EMMETT J
DATE OF ORDER:	28 JUNE 2011
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.Leave to appeal from the order dismissing the application to discharge the examination summonses be refused.

2.By 12 noon on 29 June 2011, the appellant file a proposed amended notice of appeal setting out any supplementary grounds of appeal from the order dismissing the application under s 179 of the Bankruptcy Act 1966 (Cth).

3.The appellant pay the costs of the notice of motion filed on 24 February 2011 up to and including today, and pay any costs thrown away by any supplementary or amended notice of appeal.

4.The motion be listed for further hearing at 10.00am on Thursday, 30 June 2011.

Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
The text of entered orders can be located using Federal Law Search on the Court’s website.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 52 of 2011

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

MICHAEL O’NEILL
Appellant

AND:

SAMUEL PISCOPO
First Respondent

TERRY DONALD HILL
Second Respondent

JUDGE:	EMMETT J
DATE:	28 JUNE 2011
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. On 27 January 2011, Mr Michael O’Neill filed a form of notice of appeal to the Court, joining as respondents Mr Samuel Piscopo and Mr Terry Hill.  By the notice of appeal, Mr O’Neill purported to appeal from, or, to the extent necessary, to seek leave to appeal from, orders made by the Federal Magistrates Court on 14 December 2010.  The first respondent, Mr Piscopo, filed a notice of motion on 24 February 2011 seeking orders that the appeal be struck out or summarily dismissed as incompetent, or that it be struck out or summarily dismissed on the basis that the grounds relied upon in support of the appeal are not adequately stated.

2. The proceeding in which the orders were made by the Federal Magistrates Court was commenced by an application for a summons to examine persons under the Bankruptcy Act 1966 (Cth) (the Bankruptcy Act) filed on 13 February…