Capic v Ford Motor Company (No 3) [2017] FCA 771

FEDERAL COURT OF AUSTRALIA

Capic v Ford Motor Company (No 3) [2017] FCA 771 File number(s): NSD 724 of 2016

Judge(s): PERRAM J

Date of judgment: 11 July 2017

Catchwords: PRACTICE AND PROCEDURE – representative proceedings – application for leave to amend originating application and pleading – whether application granted

Legislation: Competition and Consumer Act 2010 (Cth) sch 2, Australian Consumer Law, ss 54(1), 54(2), 54(3) Evidence Act 1995 (Cth) s 97 Federal Court of Australia Act 1976 (Cth) ss 33C(1), 33H, 33N

Date of hearing: Determined on the papers

Date of last submissions: 30 June 2017

Registry: New South Wales

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: Regulator and Consumer Protection

Category: Catchwords

Number of paragraphs: 38

Counsel for the Applicant: Dr P Cashman with Mr R White and Ms R Mansted (in chief) Mr G Sirtes SC with Mr R White (in reply)

Solicitor for the Applicant: Bannister Law

Counsel for the Respondent: Mr C Scerri QC with Ms K Anderson

Solicitor for the Respondent: Allens

ORDERS NSD 724 of 2016

BETWEEN: BILJANA CAPIC Applicant

AND: FORD MOTOR COMPANY Respondent

JUDGE: PERRAM J DATE OF ORDER: 11 JULY 2017

THE COURT ORDERS THAT:

1. Grant leave to the Applicant to file a Second Further Amended Originating Application and Second Further Amended Statement of Claim in the form annexed to the Applicant's interlocutory application dated 26 May 2017. 2. The Applicant pay the Respondent's costs thrown away by reason of the amendments. 3. Stand over the question of the costs of the amendment application to 13 July 2017 at 9.30 am. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.