Davaria Pty Limited v 7-Eleven Stores Pty Ltd (No 8) [2021] FCA 295

FEDERAL COURT OF AUSTRALIA

Davaria Pty Limited v 7-Eleven Stores Pty Ltd (No 8) [2021] FCA 295 File numbers: VID 180 of 2018 VID 182 of 2018

Judgment of: MIDDLETON J

Date of judgment: 5 March 2021

Date of publication of reasons: 29 March 2021

Catchwords: PRACTICE AND PROCEDURE – class action or representative proceedings – application to further amend statement of claim and originating application – where proposed amendments are substantial – where proposed amendments introduce a new and substantial cause of action and extend group member definition – consideration of relevant factors including prejudice, effect of grant of leave on trial timetable and explanation for delay – application granted in part PRACTICE AND PROCEDURE – application for oral discovery – where proposed examinees are third parties subject to obligations of confidence – whether power to order oral discovery available under ss 23, 33ZF, 37P or 46 of the Federal Court of Australia Act 1976 (Cth) – consideration of whether it is appropriate to grant oral discovery in the circumstances and at this stage of the proceedings – application dismissed

Legislation: Acts Interpretation Act 1901 (Cth), s 13(1) Australian Securities and Investments Commission Act 2001 (Cth), s 12CB Competition and Consumer Act 2010 (Cth), Sch 2 Competition and Consumer (Industry Codes – Franchising) Regulation 2014 (Cth), Sch 1 Competition and Consumer (Industry Codes – Oilcode) Regulation 2006 (Cth), Sch 1 Competition and Consumer (Industry Codes – Oil) Regulations 2017 (Cth), Sch 1 Corporations Act 2001 (Cth), s 596B Evidence Act 1995 (Cth) Federal Court of Australia Act 1976 (Cth), ss 23, 33K, 33ZF, 37M, 37P, 46 Federal Court Rules 2011 (Cth), Pt 20, Pt 29 Trade Practices Act 1974 (Cth), s 51AC Trade Practices (Industry Codes – Franchising) Regulations 1998 (Cth)