Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ferraro v DBN Holdings Aust Pty Ltd T/As Sports Auto Group [2015] FCA 1127 Citation: Ferraro v DBN Holdings Aust Pty Ltd T/As Sports Auto Group [2015] FCA 1127
Parties: PETER FERRARO v DBN HOLDINGS AUST PTY LTD (ABN 20 167 038 002) T/AS SPORTS AUTO GROUP
File number: SAD 201 of 2015
Judge: BESANKO J
Date of judgment: 23 October 2015
Catchwords: PRACTICE AND PROCEDURE – application for default judgment – where the respondent failed to file a notice of address for service or appear at any hearing – whether the applicant was entitled to relief on the face of the statement of claim – whether each element of the action was properly pleaded – Federal Court Rules 2011 (Cth) rr 5.22, 5.23. CONSUMER LAW – where the applicant purchased a vehicle from the respondent that did not correspond with its description – where the applicant gave notice that he rejected the goods and elected for a refund of the purchase price – whether the Court could make an order that the applicant retain possession of the vehicle until the respondent refunded the purchase price – Australian Consumer Law (Sch 2 to the Competition and Consumer Act 2010 (Cth)) ss 56, 237, 260, 263. Held: Application granted.
Legislation: Australian Consumer Law (Sch 2 to the Competition and Consumer Act 2010 (Cth)) ss 56, 237, 259, 260, 262, 263 Federal Court Rules 2011 (Cth) rr 5.22, 5.23 Trade Practices Act 1974 (Cth) s 87
Cases cited: Arthur v Vaupotic Investments Pty Ltd [2005] FCA 433 Australian Competition and Consumer Commission v 1Cellnet LCC [2005] FCA 856 Australian Competition and Consumer Commission v Dataline.net.au Pty Ltd [2007] FCAFC 146 Awad v Twin Creeks Properties Pty Limited [2012] NSWCA 200 I & L Securities Pty Limited v HTW Valuers (Brisbane) Pty Ltd (2002) 210 CLR 109 Macquarie Bank Ltd v Seagle [2005] FCA 1239; (2005) 146 FCR 400 Macquarie Bank Ltd v Seagle [2008] FCA 1417 Rathner v Bendigo Skyrider Pty Ltd [2011] FCA 626 Speedo Holdings BV v Evans (No 2) [2011] FCA 1227
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