Federal Court of Australia
Federal Court of Australia
Davaria Pty Limited v 7-Eleven Stores Pty Ltd [2020] FCA 1234 File numbers: VID 180 of 2018 VID 182 of 2018
Judgment of: MOSHINSKY J
Date of judgment: 7 August 2020
Catchwords: PRACTICE AND PROCEDURE – representative proceedings – approval of discontinuance of claims against one of the respondents – whether proposed discontinuance was fair and reasonable – discontinuance approved – whether certain group members have opted out of the proceedings
Legislation: Australian Securities and Investments Commission Act 2001 (Cth), s 12CB Federal Court of Australia Act 1976 (Cth), ss 33J, 33V, 33ZF, 37M
Cases cited: Mercedes Holdings Pty Ltd v Waters (No 1) (2010) 77 ACSR 265 Wotton v State of Queensland (2009) 109 ALD 534
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Number of paragraphs: 69
Date of hearing: 7 August 2020
Counsel for the Applicants: Dr KP Hanscombe QC with Mr D Meyerowitz-Katz and Mr N Li
Solicitor for the Applicants: Levitt Robinson
Counsel for the 7-Eleven Respondents: Mr RG Craig SC with Ms FL Shand
Solicitor for the 7-Eleven Respondents: Norton Rose Fulbright Australia
Counsel for the ANZ Respondents: Mr JH Kirkwood
Solicitor for the ANZ Respondents: Herbert Smith Freehills
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