Ford Motor Company of Australia Pty Ltd v Capic [2023] FCAFC 179

Federal Court of Australia Ford Motor Company of Australia Pty Ltd v Capic [2023] FCAFC 179 Appeal from: Capic v Ford Motor Company of Australia Pty Ltd [2021] FCA 715 Capic v Ford Motor Company of Australia Pty Ltd (Revised Common Questions) [2021] FCA 1320

File number: NSD 1321 of 2021

Judgment of: YATES, BEACH AND DOWNES JJ

Date of judgment: 14 November 2023

Catchwords: CONSUMER LAW – representative proceedings – alleged defects in motor vehicles by reason of deficiencies in transmission system – where primary judge found affected vehicles were not of acceptable quality when supplied to consumers contrary to the guarantee in s 54 Australian Consumer Law – whether primary judge applied statutory test – the meaning of acceptable quality in a propensity case – extent to which after supply events should be taken into account when assessing whether guarantee has been met – whether error by primary judge in deciding that component posed a safety risk DAMAGES – whether s 271(1) Australian Consumer Law gives rise to separate causes of action – whether s 271(6) Australian Consumer Law is engaged when failure to repair within reasonable time – construction of s 272 Australian Consumer Law – whether earlier decision of Full Court which construed same statutory provision should be followed – whether question of assessment should be remitted to primary judge

Legislation: Competition and Consumer Act 2010 (Cth) Sch 2 (Australian Consumer Law) ss 54, 271(1), 271(2), 271(6), 272 Evidence Act 1995 (Cth) s 135 Federal Court of Australia Act 1976 (Cth) Pt IVA, s 33Z(3) Trade Practices Act 1974 (Cth) s 74D Sale of Goods Act 1893 (UK) s 14(2) United States Code (US) Title 28 § 1782