Full Court Minute Books

Case S25/2024

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


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.


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)

11/04/2024 Outline of oral argument (Appellant)

11/04/2024 Outline of oral argument (Respondent)

12/04/2024 Hearing (Full Court, Canberra)


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