Jefferson Ford Pty Ltd v Ford Motor Company of Australia Limited [2008] FCAFC 60

FEDERAL COURT OF AUSTRALIA

Jefferson Ford Pty Ltd v Ford Motor Company of Australia Limited [2008] FCAFC 60

PRACTICE AND PROCEDURE – orders for judgment for cross-respondents on part of cross-claim made under s 31A(2) of Federal Court of Australia Act 1976 (Cth) – balance of cross-claim remaining on foot – nature of orders – interlocutory or final – test for determining nature of order – legal effect of judgment – whether judgment or order under s 31A for party on part or all of claim finally disposes rights of parties – applicability of case law concerning dismissal of proceedings that are frivolous or vexatious, do not disclose a cause of action, or are an abuse of the process of the Court – applicability of case law concerning summary judgment under Federal Court Rules, O 20 r 2

TRADE PRACTICES – unconscionable conduct – claim pursuant to s 51AC(1) of Trade Practices Act 1974 (Cth) – relationship between sub-ss 51AC(1) and (9) – meaning of "price" in s 51AC(9) – price of "supply or possible supply of goods or services" – whether prices in all transactions between parties must be aggregated regardless of limited time at which conduct alleged to be unconscionable

STATUTORY INTERPRETATION – Legislation – Interpretation and construction – legislative intent behind s 31A – construction of test in s 31A – purposive test, Acts Interpretation Act 1901 (Cth), s 15AA – legislative intent behind s 51AC – whether sub-s 51AC(9) intended to provide an exception to sub-s 51AC(1) – onus of proof

Words and phrases – "summary judgment", "no reasonable prospect of success", "interlocutory order", "final order", "give judgment", "judgment, decree or order", "supply or possibly supply of goods or services", "at a price in excess of"

Acts Interpretation Act 1901 (Cth), sub-ss 15AB(1)(a), 2(e), 15AA Bankruptcy Act 1883 (UK), s 4(1)(g) Common Law Procedure Act 1852 (UK), s 41 Evidence Act 1995 (Cth), s 190(4), 191 Federal Court of Australia Act 1976 (Cth), ss 24, 31A, 31A(2), 38, 59(1), 59(2)(l) Human Rights and Equal Opportunity Commission Act 1986 (Cth) Judiciary Act 1903, s 35 Migration Act 1958 (Cth) Migration Litigation Reform Act 2005 (Cth) Migration Litigation Reform Bill 2005 (Cth) Trade Marks Act 1995 (Cth),s 20 Trade Practices Act 1974 (Cth),ss 51AC, 51AC(1), 51AC(3)(g), 51AD, 51AE, 52, 53(a), 53(c), 53(eb), 53(g), 80, 82, 86(1), and 87 Trade Practices Amendment Bill (No 1) 2000 Trade Practices Amendment Act (No 1) 2001 Trade Practices Amendment (Fair Trading) Act 1998 (Cth) Trade Practices (Industry Codes – Franchising) Regulations 1998 (Cth) Trade Practices Legislation Amendment (No 1) Act 2007 (Cth) Federal Court Rules, O 6 rr 1 and 6, O 14, O 20 r 5, O 53 r 20(1)(a)