Rose v Piscopo [2009] FCA 261

Rose v Piscopo [2009] FCA 261

Given the undertakings by Senior Counsel for the respondent not to permit the cross-examination to amount to a dress-rehearsal of the examination summons and to seek confidentiality over the transcript, leave to appeal is refused and proceedings may continue before the Federal Magistrate.

Parties
First Applicant: Elena Rose; Second Applicant: Michael O'Neill; Third Applicant: Terry Hill; Respondent: Samuel Piscopo
Jurisdiction
Australia
Judgment Date
20 March 2009
Procedural Posture
Application for Leave to Appeal / Leave to Appeal From Interlocutory Rulings
Outcome
Application for leave to appeal dismissed
Legal Topics
Interlocutory Appeal, Examination Summons, Abuse of Process
Bankruptcy Civil Procedure Interlocutory Appeal Examination Summons Abuse of Process

Case Brief

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Parties

Elena Rose

First Applicant

Michael O'Neill

Second Applicant

Terry Hill

Third Applicant

Samuel Piscopo

Respondent

Procedural Posture

Application for Leave to Appeal / Leave to Appeal From Interlocutory Rulings

Legal Issues

  1. 1 Whether leave to appeal should be granted from interlocutory rulings permitting certain cross-examination and refusing adjournment in Bankruptcy proceedings
  2. 2 Whether the continuation of cross-examination would render the application to set aside examination summonses nugatory

Ratio Decidendi

Given the undertakings by Senior Counsel for the respondent not to permit the cross-examination to amount to a dress-rehearsal of the examination summons and to seek confidentiality over the transcript, leave to appeal is refused and proceedings may continue before the Federal Magistrate.

Court Disposition

Application for leave to appeal dismissed

Orders

  • The application for leave to appeal be dismissed
  • Undertakings given by Senior Counsel for the Respondent to not permit cross-examination to amount to a dress-rehearsal of the examination summons and to seek confidentiality over the transcript