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AMENDED
STATEMENT OF CLAIM TO BE PUBLISHED SHORTLY |
| COURT REPORT #1 Federal Magistrates Court Brisbane - published 01 May 2009 |
| At the Directions Hearing on 30 April 2009, Mr. Harvey Rough who claims to have a law degree (but apparently is not a lawyer) turned up from Perth WA as an employee of Ready Flowers Pty Ltd under the impression that he could represent Ready Flowers when MIDDLETONS LAWYERS are on the Court Record. The Federal Magistrate informed Mr. Rough that either he or MIDDLETONS should have been well aware that, the Court Rules require Ready Flowers to have a lawyer to represent it and only a practicing lawyer who is registered in the Court to practice can represent the first respondent. The Federal Magistrate inquired as to where the MIDDLETONS lawyer was, and Mr Rough stated that as of 2 days ago MIDDLETONS does not represent his employer any more in this proceedings and it later came to light that Ready Flowers cannot afford a lawyer when Mr. Rough stated so. Despite this debacle, the Federal Magistrate granted leave for Mr. Rough to appear for Ready Flowers on the day notifying Mr. Rough that the leave is a once only concession and will not be repeated in the future. |
| The Federal Magistrate inquired as to when Ready Flowers was to file a defence and Mr. Rough stated that a defence would be filed when the applicant had finalised amendments to the statement of claim. Despite Ready Flowers being in default of filing its response and defence, because the applicant had filed minor amendments during the default time the Federal Magistrate appeared to conclude that the failure of Ready Flowers to file a response and defence was somehow the applicant's fault. |
| It will be interesting to see how Ready Flowers is going to eventually produce a defence document, if it cannot afford a lawyer. |
| Mr. Rough complained bitterly to the Federal Magistrate that the applicant's website (this website) was causing Ready Flowers considerable lost revenue which was in the region of a 50% drop in market share from something marginally over 10% to something marginally over 5% and Mr. Rough sought legal advice from the Federal Magistrate as to if anything could be done. Despite the matter being irrelevant to the proceedings, the Federal Magistrate gave advice which essentially said that if Ready Flowers has a genuine claim it should sue the applicant. |
| The hearing of the applicants interlocutory application for substituted service on the second respondent (Mr. Owen) did not proceed due to the Federal Magistrate pointing out to the applicant that despite MIDDLETONS letter of withdrawal to the Registry, because MIDDLETONS had not removed itself from the Court Record according to the Rules of the Court, that MIDDLETONS still represented the second respondent and that the applicant should serve the Originating Process on MIDDLETONS for the second respondent. That service has now been made on MIDDLETONS. |
| The applicant notified the Court that due to the recent information that Ready Flowers Limited (registered Hong Kong) has been trading via its website ReadyFlowers.com.au in Australia at the first respondents place of business in TECHNOLOGY PARK at BENTLEY WA (albeit without an ABN number or a Foreign Company Representative registered with ASIC as required by Corporations law or paying GST), the applicant wished to join Ready Flowers Limited and its directors who are Peter Ross Hegarty and Thomas Ross Hegarty otherwise any orders that may be made against the first respondent Ready Flowers Pty Ltd would likely be useless. The applicant has until 14 May to file his interlocutory application for leave to join other parties and file an amended statement of claim to suit. That application is to be heard on 29 May 2009. The applicant is yet to decide if Deborah Hegarty director of the first respondent should also be joined. |
| COURT REPORT #2 Federal Magistrates Court, Brisbane - published 20 August 2009 | ||||
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And this has all resulted from the publisher seeking
that the Ready
Flowers website declares commissions and devaluations
.... a ten minute job.
The images below outline what the publisher believes, consumers (and florists) should be made aware of.
.... a ten minute job.
The images below outline what the publisher believes, consumers (and florists) should be made aware of.
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