O’Neill v Piscopo [2011] FCA 773

O’Neill v Piscopo [2011] FCA 773

Leave to appeal against the order dismissing the discharge of examination summons was refused because the order is interlocutory, and no injustice or legal error was established. The grounds of appeal as formulated did not disclose an arguable basis for either an inquiry into the trustee's conduct or removal of the trustee under s 179. The appellant was given leave to reformulate grounds before further hearing.

Jurisdiction
Australia
Judgment Date
28 June 2011
Procedural Posture
Appeal / Interlocutory Application; Leave to Appeal From a Federal Magistrates Court Order
Outcome
Leave to appeal refused as to order dismissing application to discharge examination summons; further hearing stood over for possible reformulated grounds; costs ordered.
Legal Topics
['examination Summons' 'removal of Trustee in Bankruptcy' 'leave to Appeal' 'interlocutory Orders']
['bankruptcy'] ['examination Summons' 'removal of Trustee in Bankruptcy' 'leave to Appeal' 'interlocutory Orders']

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Procedural Posture

Appeal / Interlocutory Application; Leave to Appeal From a Federal Magistrates Court Order

Legal Issues

  1. 1 ['Whether leave to appeal should be granted against interlocutory orders dismissing applications to discharge examination summonses and for inquiry/removal of trustee under s 179 Bankruptcy Act 1966 (Cth)' "Whether there was a sufficient basis for an inquiry into the trustee's conduct or for removal of trustee" 'Whether the primary judge erred in not discharging the examination summonses']

Ratio Decidendi

Leave to appeal against the order dismissing the discharge of examination summons was refused because the order is interlocutory, and no injustice or legal error was established. The grounds of appeal as formulated did not disclose an arguable basis for either an inquiry into the trustee's conduct or removal of the trustee under s 179. The appellant was given leave to reformulate grounds before further hearing.

Court Disposition

Leave to appeal refused as to order dismissing application to discharge examination summons; further hearing stood over for possible reformulated grounds; costs ordered.

Orders

  • ['Leave to appeal from the order dismissing the application to discharge the examination summonses be refused.' 'By 12 noon on 29 June 2011, the appellant to 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...