Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Davaria Pty Limited v 7-Eleven Stores Pty Ltd [2020] FCA 398 Leave to appeal from: Davaria Pty Limited v 7-Eleven Stores Pty Ltd [2019] FCA 2214
File number: VID 18 of 2020
Judge: BEACH J
Date of judgment: 25 March 2020
Catchwords: GROUP PROCEEDINGS – leave to appeal docket judge's order – practice and procedure – communications with group members by the respondent – potential release of respondent's liability – conditions to be imposed on any such release – applicant sought restraining orders – potential undue pressure – real risk of group members being misled – unfairness – the relevance of the Franchising Code of Conduct – s 33ZF of Federal Court of Australia Act 1976 (Cth) – acceptance of undertaking – leave to appeal refused
Legislation: Competition and Consumer (Industry Codes – Franchising) Regulation 2014 (Cth) Sch 1 Federal Court of Australia Act 1976 (Cth) ss 33ZF
Cases cited: BMW Australia Ltd v Brewster (2019) 94 ALJR 51 Capic v Ford Motor Company of Australia Limited [2016] FCA 1020 Courtney v Medtel Pty Ltd (2002) 122 FCR 168 Davaria Pty Ltd v 7-Eleven Stores Pty Ltd [2018] FCA 984 House v The King (1936) 55 CLR 499 Williams v FAI Home Security Pty Ltd (No 3) [2000] FCA 1438
Date of hearing: 16 March 2020
Registry: Victoria
Division: General Division
National Practice Area: Commercial and Corporations
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