O’Neill v Piscopo (No 2) [2011] FCA 774

FEDERAL COURT OF AUSTRALIA

O'Neill v Piscopo (No 2) [2011] FCA 774 Citation: O'Neill v Piscopo (No 2) [2011] FCA 774

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: 30 June 2011

Legislation: Bankruptcy Act 1966 (Cth) s 179

Cases cited: Jones v Dunkel (1959) 101 CLR 298 O'Neill v Piscopo [2011] FCA 773

Date of hearing: 30 June 2011

Place: Sydney

Division: GENERAL DIVISION

Category: No catchwords

Number of paragraphs: 11

Counsel for the appellant: R D Marshall with D Bampton

Solicitor for the appellant: O'Neill Partners

Counsel for the respondents: R Dubler SC with 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: 30 JUNE 2011 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appellant file a further draft supplementary notice of appeal no later than 12 July 2011. 2. The question of whether leave to appeal should be granted in respect of the refusal to make an order under s 179 of the Bankruptcy Act 1966 (Cth) be stood over to the hearing of the appeal on 4 August 2011. 3. The question of any amendment to the proposed grounds of appeal be determined by the appeal judge. 4. The appellant pay the first respondent's costs of today. 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.