Craven v Ready Flowers Pty Ltd [2014] FCA 693

FEDERAL COURT OF AUSTRALIA

Craven v Ready Flowers Pty Ltd [2014] FCA 693 Citation: Craven v Ready Flowers Pty Ltd [2014] FCA 693

Appeal from: Craven v Ready Flowers Pty Ltd [2014] FCA 467

Parties: GORDON CRAVEN v READY FLOWERS PTY LTD ACN 115 489 480

File number: QUD 191 of 2014

Judge: RANGIAH J

Date of judgment: 18 June 2014

Catchwords: PRACTICE AND PROCEDURE – application for security for costs of appeal – impecuniosity of appellant – prospects of success – no delay – application granted

Legislation: Bankruptcy Act 1966 (Cth) s 41(6A) Trade Practices Act 1974 (Cth) Federal Court Rules 2011 (Cth) r 36.09(1) Fair Trading Act 1989 (Qld)

Cases cited: Cowell v Taylor (1885) 31 Ch D 34 Tait v Bindal People [2002] FCA 322

Date of hearing: 18 June 2014

Place: Brisbane

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 26

Counsel for the Appellant: The appellant appeared in person

Counsel for the Respondent: Ms C Muir

Solicitor for the Respondent: Archibald & Brown

IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION QUD 191 of 2014

ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA

BETWEEN: GORDON CRAVEN

Appellant

AND: READY FLOWERS PTY LTD ACN 115 489 480

Respondent

JUDGE: RANGIAH J DATE OF ORDER: 18 JUNE 2014 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The appellant provide security for the respondent's costs of the appeal in an amount of $10,000 in a form acceptable to the Registrar of the Court on or before 16 July 2014. 2. The event that the appellant does not provide such security for the respondent's costs on or before 16 July 2014, the appeal stand dismissed. 3. The costs of the application for security for costs are reserved. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.