Craven v Ready Flowers Pty Ltd [2015] FCA 297

FEDERAL COURT OF AUSTRALIA

Craven v Ready Flowers Pty Ltd [2015] FCA 297 Citation: Craven v Ready Flowers Pty Ltd [2015] FCA 297

Appeal from: Application for extension of time: Craven v Ready Flowers Pty Ltd & Anor [2012] FMCA 1128

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

File numbers: QUD 156 of 2014 QUD 251 of 2014

Judge: LOGAN J

Date of judgment: 5 March 2015

Catchwords: BANKRUPTCY AND INSOLVENCY – where applicant applied for an extension of time to seek leave to appeal from an interlocutory judgment of the Federal Magistrates Court of Australia – application for leave to appeal dismissed with costs – order for costs as taxed forms basis for bankruptcy notice – whether the circumstances warrant the exercise of the Court's discretion under s 52(2) of the Bankruptcy Act 1966 (Cth) to not accept the Federal Court's costs order as proof of the debt concerned and therefore not make a sequestration order against applicant's estate – whether director of the respondent gave false evidence before the Federal Magistrates Court and perpetuated a fraud on the Federal Court such as to amount to a perversion of the course of justice – alleged deliberate omission of evidence as to payment arrangements between respondent and entity to whom the respondent's business was sold – whether leave application before this Court determined on a premise known by the respondent to be false – whether fraud proved on the balance of probabilities Held: fraud and perversion of justice not proved – costs judgments was evidence of debt in reality – sequestration order made CONSTITUTIONAL LAW – parliamentary privilege – evidence on which applicant sought to rely included right of reply statement given by director's wife to the Australian Senate subject to parliamentary privilege under s 16 of the Parliamentary Privileges Act 1987 (Cth) – statement inadmissible as its use would impeach a question of proceeding in Parliament