Davaria Pty Limited v 7-Eleven Stores Pty Ltd [2018] FCA 984

Davaria Pty Limited v 7-Eleven Stores Pty Ltd [2018] FCA 984

The proposed communications protocol was refused because the evidence did not establish a need for intervention; 7-Eleven's communications were not misleading or unfair, and respondents' rights to communicate with group members confidentially must be preserved. However, a corrective notice was required due to misleading statements made by Levitt Robinson (applicants' solicitors) regarding the necessity to sign a Funding Agreement to benefit from the class action, and misleading projections of likely class action value.

Parties
Applicant: Davaria Pty Limited; First Applicant: Pareshkumar Davaria; Second Applicant: Khushbu Davaria; First Respondent: 7-Eleven Stores Pty Ltd; Second Respondent: 7-Eleven Inc; Third Respondent: ANZ Banking Group Limited; Second Respondent: ANZ Banking Group (ABN 11 005 357 522)
Jurisdiction
Australia
Judgment Date
14 May 2018
Procedural Posture
Representative Proceeding (class Action) / Interlocutory Application/orders on Communications and Correction Notice
Outcome
Applicants' application for communications protocol dismissed with costs; orders made requiring Correction Notice to be issued and published; Applicants to bear costs of issuing Correction Notice and pay certain costs to First Respondent.
Legal Topics
Class Actions, Communications With Group Members, Corrective Notice, Settlement Offers, Misleading Conduct
Civil Procedure Commercial Law Class Actions Communications With Group Members Corrective Notice Settlement Offers Misleading Conduct

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Davaria Pty Limited

Applicant

Pareshkumar Davaria

First Applicant

Khushbu Davaria

Second Applicant

7-Eleven Stores Pty Ltd

First Respondent

7-Eleven Inc

Second Respondent

ANZ Banking Group Limited

Third Respondent

ANZ Banking Group (ABN 11 005 357 522)

Second Respondent

Procedural Posture

Representative Proceeding (class Action) / Interlocutory Application/orders on Communications and Correction Notice

Legal Issues

  1. 1 Whether to impose a communications protocol on respondent's communications with group members
  2. 2 Whether corrective notice for misleading communications by applicants' solicitors is required

Ratio Decidendi

The proposed communications protocol was refused because the evidence did not establish a need for intervention; 7-Eleven's communications were not misleading or unfair, and respondents' rights to communicate with group members confidentially must be preserved. However, a corrective notice was required due to misleading statements made by Levitt Robinson (applicants' solicitors) regarding the necessity to sign a Funding Agreement to benefit from the class action, and misleading projections of likely class action value.

Court Disposition

Applicants' application for communications protocol dismissed with costs; orders made requiring Correction Notice to be issued and published; Applicants to bear costs of issuing Correction Notice and pay certain costs to First Respondent.

Orders

  • Applicants' (or Applicant's) amended interlocutory application for communications protocol dismissed with costs.
  • Applicants to provide security for costs to respondents, with specified amounts and conditions.