Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Toyota Motor Corporation Australia Limited v Williams (No 2) [2023] FCAFC 70 Appeal from: Williams v Toyota Motor Corporation Australia Limited (Initial Trial) [2022] FCA 344
File number: NSD 462 of 2022
Judgment of: MOSHINSKY, COLVIN AND STEWART JJ
Date of judgment: 12 May 2023
Catchwords: PRACTICE AND PROCEDURE – costs – where appeal allowed – where both the appellant and the respondents had a substantial measure of success in relation to the issues canvassed on the appeal – where the outcome of the appeal left intact the success of the applicants at first instance – held: each party to bear its or their own costs of the appeal – held: costs order made by the primary judge not disturbed PRACTICE AND PROCEDURE – representative proceeding – where primary judge answered common questions in a schedule to the orders made following the initial trial – held: answers to be amended to reflect the Full Court judgment
Legislation: Competition and Consumer Act 2010 (Cth), Sch 2, Australian Consumer Law, ss 54, 271, 272
Cases cited: Caffitaly System S.P.A. v One Collective Group Pty Ltd (No 2) [2021] FCAFC 164 Sandvik Intellectual Property AB v Quarry Mining & Construction Equipment Pty Ltd (No 2) [2017] FCAFC 158
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
Number of paragraphs: 22
Date of last submissions: 24 April 2023
Date of hearing: Determined on the papers
Counsel for the Appellant: Mr R Dick SC with Mr A d'Arville and Ms X Teo
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