A judge has declined a contradictor’s calls to send an application for a common fund order in a class action against 7-Eleven, which recently settled for $98 million, to the Full Court.
A contradictor asked to weigh in on a $98 million settlement in class actions against 7-Eleven has said the Full Federal Court should decide an application by the funder for a common fund order, citing the importance of the issue.
Seven Network is seeking to remove several trade marks and logos registered to 7-Eleven, in a lawsuit filed just three months after the convenience store won its bid to have the broadcaster’s ‘7NOW’ mark removed.
Despite claims the $98 million settlement did not warrant a contradictor’s scrutiny, a judge has appointed a contradictor to represent the interests of group members in franchisee class actions against 7-Eleven as he weighs the deal.
7-Eleven has told a court it is willing to negotiate a deal with Seven over the 7NOW logo, a trade mark the TV network recently lost after a successful challenge by the convenience store chain.
A $19.6 million legal bill racked up by the law firm behind two 7-Eleven class actions accusing the convenience store chain of misleading franchisees did not warrant the appointment of a contradictor to a hearing seeking approval of a $98 million settlement, a court has heard.
7-Eleven has reached an in-principle agreement to settle two class actions which accused the convenience store giant of misleading franchisees and underpaying employees at its stores.
The power to make common fund orders in class actions is a question before the High Court a second time, but the justices aren’t likely to quell the conflict simmering in the courts below, at least until they have a concrete order before them.
A judge has shot down what he called a “risky” but novel proposal by 7-Eleven for a pre-trial ruling on sample objections to the relevance of evidence in two franchise class actions.
Courts have power to order oral discovery of potential witnesses ahead of trial, according to the judge overseeing two 7-Eleven class actions by franchisees, but the cases against the convenience store giant were not the occasion to exercise the power, he said.