Arrowcrest Group Pty Ltd v Ford Motor Company of Australia Ltd (No 2) [2002] FCA 1618

FEDERAL COURT OF AUSTRALIA

Arrowcrest Group Pty Ltd v Ford Motor Company of Australia Ltd (No 2) [2002] FCA 1618 COSTS – discount for costs on claim rather than separate order on cross claim INTEREST – damages for loss of future profits – whether interest on discounted amount should run from accrual of cause of action PRACTICE AND PROCEDURE – short form judgment – whether further questions should be answered Federal Court of Australia Act 1976 (Cth) s 51A(1) Federal Court Rules O 35 r 3, O 35 r 8.

Holder v Searle (1998) 44 IPR 1 at 23 cited Australian Competition and Consumer Commission v Commercial and General Publications Pty Ltd (No 2) [2002] FCA 1349 at [33] cited ARROWCREST GROUP PTY LTD (ACN 007 521 280) AND TRISTAR STEERING AND SUSPENSION AUSTRALIA LIMITED (ACN 004 311 111) v FORD MOTOR COMPANY OF AUSTRALIA LIMITED (ACN 004 116 223) S 208 of 2002 HEEREY J 17 DECEMBER 2002 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY S 208 OF 2002

BETWEEN: ARROWCREST GROUP PTY LTD (ACN 007 521 280)

FIRST APPLICANT

TRISTAR STEERING AND SUSPENSION AUSTRALIA LIMITED (ACN 004 311 111)

SECOND APPLICANT

AND: FORD MOTOR COMPANY OF AUSTRALIA LIMITED (ACN 004 116 223)

RESPONDENT

JUDGE: HEEREY J

DATE OF ORDER: 17 DECEMBER 2002

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. Pursuant to Order 35 Rule 3 judgments in this proceeding will take effect as at 25 November 2002. 2. There be judgment for the first applicant against the respondent in the sum of $7,870,136 together with interest from 17 October 2002 to 25 November 2002 in the sum of $88,296.46. 3. There be judgment for the second applicant against the respondent in the sum of $12,000,000 together with interest from 17 October 2002 to 25 November 2002 in the sum of $134,630.14. 4. There be judgment for the respondent against the second applicant in the sum of $778,419.38 together with interest in the sum of $78,900. 5. There be judgment for the respondent against the first applicant in the sum of $161,029 together with interest from 17 October 2002 to 25 November 2002 in the sum of $1812.22. 6. The judgment in par 4 be set off against the judgment in par 3 7. The judgment in par 5 be set off against the judgment in par 2. 8. The respondent pay 90 percent of the applicants' costs of and incidental to the proceeding (including both the claim and the cross claim), including any costs reserved, such costs to be taxed in default of agreement. 9. The respondent's second and further amended cross claim be otherwise dismissed. 10. Each of the judgments herein are to carry interest at the rate specified in Order 35 Rule 8. 11. The time for filing and serving any notice of appeal is extended to 31 January 2003. 12. There be a stay of execution on all judgments until 31 January 2003. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.