Full Court Minute Books

Case S155/2023

Toyota Motor Corporation Australia Limited (ACN 009 686 097) v. Williams & Anor
Williams & Anor v. Toyota Motor Corporation Australia Limited
(ACN 009 686 097)

Case No.

Case no S155/2023; Case no S157/2023

Related Case

S25/2024 - Capic v. Ford Motor Company of Australia Pty Ltd ACN 004 116 223

Case Information

Lower Court Judgment

27 March 2023 Federal Court of Australia (Moshinsky, Colvin & Stewart JJ)

[2023] FCAFC 50

Catchwords

Trade Practices – Consumer law – Measure of damages for failure to comply with guarantee of acceptable quality – Where representative proceedings concerned 264,170 Toyota motor vehicles with diesel engines sold to Australian consumers – Where vehicles supplied with defective diesel particulate filter system – Where appellant introduced effective solution known as “2020 field fix” – Where 2020 field fix effective in remedying defect and its consequences in all relevant vehicles – Where primary judge found on “common sense approach” breach of s 54 Australian Consumer Law ("ACL") resulted in reduction in value of all vehicles by 17.5% – Where primary judge ordered reduction in damages under s 272(1)(a) of ACL be awarded to all group members who had not opted out, had not received 2020 field fix and first consumer had not sold it during relevant period – Where Full Court set aside order awarding reduction in value damages and reassessed reduction in value to be 10% before taking into account availability of 2020 field fix – Whether Full Court erred in finding damages for reduction in value recoverable when no ongoing reduction in value due to availability of free repair - Whether Full Court erred in failing to find damages for breach of guarantee of acceptable quality always to be assessed by reference to true value of goods at time of supply - Whether assessment of damages imports discretion exercisable under standard of appropriateness to assess reduction in value of goods at some later time or make adjustment downwards to reflect future event unknown at date of supply.

Documents*

17/11/2023 Hearing (SLA, Canberra)

30/11/2023 Notice of appeal (S155/2023 Toyota Motor Corporation Australia)

01/12/2023 Notice of appeal (S157/2023 Williams)

06/02/2024 Written submissions (Williams Appellants)

06/02/2024 Chronology (Williams Appellants)

26/02/2024 Written submissions (Toyota Appellants)

26/02/2024 Chronology (Toyota Appellants)

08/03/2024 Reply (Williams Appellants)

15/03/2024 Reply (Toyota Appellants)

*The due dates shown for documents on this page are indicative only.