Craven v Ready Flowers Pty Ltd [2013] FCA 1308

Craven v Ready Flowers Pty Ltd [2013] FCA 1308

No arguable error is shown in the primary judge’s finding that there was no probative evidence of conduct by RFPL (after the business sale) fostering an assumption that it continued to operate the business, nor evidence of detriment of the kind required for estoppel. The application for an extension of time for leave to appeal must be dismissed because there is no prospect of success on appeal.

Parties
Applicant: Gordon Craven; First Respondent: Ready Flowers Pty Ltd ACN 115 489 480; Second Respondent: Gary Eryl Roy Owen
Jurisdiction
Australia
Judgment Date
05 December 2013
Procedural Posture
Application for Extension of Time for Leave to Appeal / Interlocutory (decision on Extension of Time for Leave to Appeal an Interlocutory Judgment)
Outcome
Interlocutory application for extension of time for leave to appeal dismissed with costs.
Legal Topics
Extension of Time for Leave to Appeal, Estoppel, Misleading and Deceptive Conduct, Consumer Law, Jurisdiction of Federal Magistrates Court (now Federal Circuit Court)
Practice and Procedure Extension of Time for Leave to Appeal Estoppel Misleading and Deceptive Conduct Consumer Law Jurisdiction of Federal Magistrates Court (now Federal Circuit Court)

Case Brief

Summary, issues, holding and outcome

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Parties

Gordon Craven

Applicant

Ready Flowers Pty Ltd ACN 115 489 480

First Respondent

Gary Eryl Roy Owen

Second Respondent

Procedural Posture

Application for Extension of Time for Leave to Appeal / Interlocutory (decision on Extension of Time for Leave to Appeal an Interlocutory Judgment)

Legal Issues

  1. 1 Whether extension of time for leave to appeal from the Federal Magistrates Court interlocutory judgment should be granted
  2. 2 Whether the primary judge erred in rejecting estoppel against Ready Flowers Pty Ltd
  3. 3 Whether appellant established detriment as required for estoppel

Ratio Decidendi

No arguable error is shown in the primary judge’s finding that there was no probative evidence of conduct by RFPL (after the business sale) fostering an assumption that it continued to operate the business, nor evidence of detriment of the kind required for estoppel. The application for an extension of time for leave to appeal must be dismissed because there is no prospect of success on appeal.

Court Disposition

Interlocutory application for extension of time for leave to appeal dismissed with costs.

Orders

  • The interlocutory application filed by the applicant on 11 December 2012 is dismissed.
  • The applicant is ordered to pay the costs of the first respondent of and incidental to the application.