Federal Court of Australia
Federal Court of Australia
Davaria Pty Limited v 7-Eleven Stores Pty Ltd (No 9) [2021] FCA 473 File numbers: VID 180 of 2018 VID 182 of 2018
Judgment of: MIDDLETON J
Date of judgment: 3 May 2021
Date of publication of reasons: 6 May 2021
Catchwords: PRACTICE AND PROCEDURE – Application for advance ruling under s 192A of the Evidence Act 1995 (Cth) – where extensive and voluminous objections made to the applicants' lay evidence on the basis of relevance – where the parties are 13 weeks from trial and the applicants' lay evidence is not yet complete – finalisation of the common questions ordered in a class action or representative proceeding
Legislation: Evidence Act 1995 (Cth), s 192A
Cases cited: Australian Communications Media Authority v V Marking Pty Ltd (in liq) [2020] FCA 1326 Australian Securities Investments Commission, in the matter of Whitebox Trading Pty Ltd v Whitebox Trading Pty Ltd [2017] FCA 324 Beslic v MLC Ltd [2015] NSWSC 908 Davaria Pty Limited v 7-Eleven Stores Pty Ltd (No 8) [2021] FCA 295 Ethicon Sàrl v Gill (2021) 387 ALR 494; [2021] FCAFC 29 Gondarra v Minister for Families, Housing, Community Services and Indigenous Affairs [2012] FCA 185 McNickle v Huntsman Chemical Co Australia Pty Ltd (Expert Evidence) [2021] FCA 370
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
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