Davaria Pty Limited v 7-Eleven Stores Pty Ltd (No 15) [2023] FCA 1604

Davaria Pty Limited v 7-Eleven Stores Pty Ltd (No 15) [2023] FCA 1604

The amendments were approved because they corrected an omission and personnel-related difficulties in the Settlement Scheme, better reflected the intended operation disclosed to group members, enabled assessment of Alternative Income Claims and replacement of relevant personnel, and were within ss 33V and 33ZF of the Federal Court of Australia Act 1976 (Cth). Notice to group members was unnecessary, and retrospective effect from 22 March 2022 was appropriate.

Jurisdiction
Australia
Judgment Date
14 December 2023
Procedural Posture
Representative Proceedings / Administrator's Application Determined on the Papers for Orders Amending Settlement Scheme
Outcome
Application granted; orders made amending the Settlement Scheme with retrospective effect and costs to be costs of the Administration.
Legal Topics
['amendment of Settlement Scheme' 'just Distribution of Settlement Money' 'court Power to Make Appropriate or Necessary Orders' 'alternative Income Claim' 'award Shortfall Claim' 'remuneration Expert']
['representative Proceedings' 'class Actions' 'settlement Administration'] ['amendment of Settlement Scheme' 'just Distribution of Settlement Money' 'court Power to Make Appropriate or Necessary Orders' 'alternative Income Claim' 'award Shortfall Claim' 'remuneration Expert']

Case Brief

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Procedural Posture

Representative Proceedings / Administrator's Application Determined on the Papers for Orders Amending Settlement Scheme

Legal Issues

  1. 1 ['Whether the Settlement Scheme should be amended to include an express mechanism to assess Alternative Income Claims for VID182/2018 group members.' 'Whether the Settlement Scheme should be amended to permit replacement of the Remuneration Expert and remove the express reference to Mr Imlay being primarily responsible for work on behalf of the Administrator.' 'Whether notice of the proposed amendments needed to be given to group members.' 'Whether the amendments should take effect retrospectively from 22 March 2022.']

Ratio Decidendi

The amendments were approved because they corrected an omission and personnel-related difficulties in the Settlement Scheme, better reflected the intended operation disclosed to group members, enabled assessment of Alternative Income Claims and replacement of relevant personnel, and were within ss 33V and 33ZF of the Federal Court of Australia Act 1976 (Cth). Notice to group members was unnecessary, and retrospective effect from 22 March 2022 was appropriate.

Court Disposition

Application granted; orders made amending the Settlement Scheme with retrospective effect and costs to be costs of the Administration.

Orders

  • ['Pursuant to ss 33V and 33ZF of the Federal Court of Australia Act 1976 (Cth), the Settlement Scheme annexed to the First Settlement Orders be amended in the manner set out in Annexure "A" to these orders.' 'Pursuant to s 33ZF of the Federal Court of Australia Act 1976 (Cth), the amendments to the Settlement Scheme...