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.