Davaria Pty Limited v 7-Eleven Stores Pty Ltd [2020] FCA 1234

Davaria Pty Limited v 7-Eleven Stores Pty Ltd [2020] FCA 1234

It is appropriate to approve the discontinuance of the claims against ANZ because the proposal preserves group members' rights, including limitation periods, is made at an early procedural stage, allows proceedings against 7-Eleven to proceed efficiently, and is fair and reasonable in all the circumstances.

Parties
Applicant: Davaria Pty Limited; Applicant: Kaizenworld Pty Ltd; Applicant: Pareshkumar Davaria; Applicant: Khushbu Davaria; Applicant: Jatinder Pal Singh; Applicant: Suman Meet Kaur; Respondent: 7-Eleven Stores Pty Ltd; Respondent: 7-Eleven Inc; Respondent: ANZ Banking Group Limited
Jurisdiction
Australia
Judgment Date
07 August 2020
Procedural Posture
Representative Proceedings (class Action) / Interlocutory Application for Approval of Discontinuance Against One Respondent (anz); Opt Out/ Group Member Clarification
Outcome
Discontinuance of claims against ANZ approved; opt out status clarified; confidentiality order made; costs reserved as in the cause.
Legal Topics
Representative Proceedings, Discontinuance of Claims, Group Member Opt Out, Approval Procedures, Unconscionable Conduct, Misleading or Deceptive Conduct
Practice and Procedure Commercial Law Banking and Finance Contracts Representative Proceedings Discontinuance of Claims Group Member Opt Out Approval Procedures +2 more

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Parties

Davaria Pty Limited

Applicant

Kaizenworld Pty Ltd

Applicant

Pareshkumar Davaria

Applicant

Khushbu Davaria

Applicant

Jatinder Pal Singh

Applicant

Suman Meet Kaur

Applicant

7-Eleven Stores Pty Ltd

Respondent

7-Eleven Inc

Respondent

ANZ Banking Group Limited

Respondent

Procedural Posture

Representative Proceedings (class Action) / Interlocutory Application for Approval of Discontinuance Against One Respondent (anz); Opt Out/ Group Member Clarification

Legal Issues

  1. 1 Whether approval should be granted for discontinuance of claims against ANZ under s 33V of the Federal Court of Australia Act 1976 (Cth)
  2. 2 Whether proposed discontinuance is fair and reasonable and in interests of group members
  3. 3 Whether certain group members have opted out or should be reinstated

Ratio Decidendi

It is appropriate to approve the discontinuance of the claims against ANZ because the proposal preserves group members' rights, including limitation periods, is made at an early procedural stage, allows proceedings against 7-Eleven to proceed efficiently, and is fair and reasonable in all the circumstances.

Court Disposition

Discontinuance of claims against ANZ approved; opt out status clarified; confidentiality order made; costs reserved as in the cause.

Orders

  • In both VID 180 and 182 of 2018, discontinuance of the claims against ANZ pursuant to deed of settlement approved under s 33V of Federal Court of Australia Act 1976 (Cth).
  • Davaria (or the Davarias) authorised to enter and give effect to the Deed of Settlement and Deed of Variation for Settling Group Members.