Capic v. Ford Motor Company of Australia Pty Ltd ACN 004 116 223
Case No.
Case no S25/2024
Related cases:
Cases S115/2023 and S117/2023 - Toyota Motor Corporation Australia Limited v. Williams & Anor; Williams & Anor v. Toyota Motor Corporation Australia Limited
Case Information
Lower Court Judgment
13/12/2023 Federal Court of Australia (Yates, Beach & Downes JJ)
[2023] FCAFC 179 – reasons published 14/11/2023
Catchwords
Trade Practices – Consumer law – Measure of damages for failure to comply with guarantee of acceptable quality – Where appellant brought representative proceedings under Part IVA of Federal Court of Australia Act 1976 (Cth) in respect of Ford-badged motor vehicles fitted with DPS6 dual-clutch transmission system ("affected vehicles") – Where primary judge found affected vehicles supplied in breach of guarantee of acceptable quality under s 25 of Australian Consumer Law – Where primary judge held damages under s 272(1) requires assessment of reduction in value only at time of supply – Where Full Court found in order to avoid overcompensation under s 272(1)(a), it may be necessary to depart from date of supply as reference state for statutory reduction in value damages – Where Full Court held post-supply information may be relevant – Whether Full Court erred in construing s 272(1)(a) as subject to qualification that assessment of damages may require departure from assessment at time of supply or adjustment to avoid over-compensation – Whether s 272(1)(a) permits, and for what purpose, evidence of post-supply events to be used when assessing statutory compensation under the provision.
Documents*
13/02/2024 Determination
16/02/2024 Notice of appeal
08/03/2024 Written submissions (Appellant)
08/03/2024 Chronology (Appellant)
22/03/2024 Written submissions (Respondent)
28/03/2024 Reply
11/04/2024 Hearing (Full Court, Canberra) (Audio-visual recording)
11/04/2024 Outline of oral argument (Appellant)
11/04/2024 Outline of oral argument (Respondent)
12/04/2024 Hearing (Full Court, Canberra) (Audio-visual recording)
06/11/2024 Judgment (Judgment summary)
Audio-visual recordings of Full Court hearings heard in Canberra
Case: DIRECTOR OF PUBLIC PROSECUTIONS (CTH) V KOLA
Date: 15 February 2024
Transcript: Hearing
AV time: 2h 06m
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Audio-visual recordings of Full Court hearings heard in Canberra
Case: LPDT V MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS & ANOR
Date: 06 February 2024
Transcript: Hearing
AV time: 3h 04m
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Audio-visual recordings of Full Court hearings heard in Canberra
Case: MILLER V MINISTER FOR IMMIGRATION, CITIZENSHIP AND MULTICULTURAL AFFAIRS & ANOR
Date: 14 February 2024
Transcript: Hearing
AV time: 1h 41m
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(3) Copyright of the footage of the proceedings is retained by the Court.
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Audio-visual recordings of Full Court hearings heard in Canberra
Case: CESSNOCK CITY COUNCIL ABN 60 919 148 928 V 123 259 932 PTY LTD ACN 123 259 932
Date: 13 February 2024
Transcript: Hearing
AV time: 4h 36m
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Terms of use
Access to the audio-visual recordings of the Court is subject to the following conditions:
(1) You will not record, copy, modify, reproduce, publish, republish, upload, post, transmit, broadcast, rebroadcast, store, distribute or otherwise make available, in any manner, any proceeding or part of any proceeding, other than with prior written approval of the Court. However, schools and universities may broadcast/rebroadcast proceedings in a classroom setting for educational purposes without prior written approval.
(2) The audio-visual material available via our web-site of Court proceedings does not constitute the official record of the Court.
(3) Copyright of the footage of the proceedings is retained by the Court.
By clicking "play" (the triangle controls on the video player), you agree to be bound by these terms of use.