Davaria Pty Limited v 7-Eleven Stores Pty Ltd [2020] FCAFC 183

Davaria Pty Limited v 7-Eleven Stores Pty Ltd [2020] FCAFC 183

The reserved question as to the power of the Federal Court to make a Common Fund Order at settlement or judgment in this proceeding ought not be answered in the absence of a concrete application; declaratory relief is refused as the issues are hypothetical or premature without a factual basis for a specific Settlement or Judgment CFO proposal.

Parties
Applicant: Davaria Pty Limited; Applicant: Kaizenworld Pty Ltd (ACN 163 833 565); First Respondent: 7-Eleven Stores Pty Ltd; Second Respondent: 7-Eleven Inc (A Texas Corporation); Intervener: Association of Litigation Funders of Australia Limited (ACN 624 190 343); Contradictor: Contradictor
Jurisdiction
Australia
Judgment Date
03 November 2020
Procedural Posture
Representative Proceedings (class Action) / Reserved Question to Full Court Following Interlocutory Application
Outcome
Application for declaratory relief dismissed; reserved question not answered.
Legal Topics
Common Fund Orders, Powers of the Federal Court Under Pt IVA, Section 33 V, 33 Z, 33 ZF of Federal Court of Australia Act, Declaratory Relief, Distribution of Settlement Funds in Class Actions
Civil Procedure Class Actions Common Fund Orders Powers of the Federal Court Under Pt IVA Section 33 V, 33 Z, 33 ZF of Federal Court of Australia Act Declaratory Relief Distribution of Settlement Funds in Class Actions

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Parties

Davaria Pty Limited

Applicant

Kaizenworld Pty Ltd (ACN 163 833 565)

Applicant

7-Eleven Stores Pty Ltd

First Respondent

7-Eleven Inc (A Texas Corporation)

Second Respondent

Association of Litigation Funders of Australia Limited (ACN 624 190 343)

Intervener

Contradictor

Contradictor

Procedural Posture

Representative Proceedings (class Action) / Reserved Question to Full Court Following Interlocutory Application

Legal Issues

  1. 1 Does the Federal Court of Australia have power under sections 33V, 33Z, or 33ZF or otherwise to make a Common Fund Order upon settlement or judgment in this proceeding?
  2. 2 Whether the Court should answer hypothetical or premature questions regarding common fund orders in absence of application

Ratio Decidendi

The reserved question as to the power of the Federal Court to make a Common Fund Order at settlement or judgment in this proceeding ought not be answered in the absence of a concrete application; declaratory relief is refused as the issues are hypothetical or premature without a factual basis for a specific Settlement or Judgment CFO proposal.

Court Disposition

Application for declaratory relief dismissed; reserved question not answered.

Orders

  • The reserved question as framed should not be answered.
  • Application for declaratory relief in terms of prayer 2 of the first respondent's interlocutory application is dismissed.