Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Capic v Ford Motor Company of Australia Limited (Late Evidence) [2020] FCA 1117 File number: NSD 724 of 2016
Judge: PERRAM J
Date of judgment: 2 July 2020
Date of publication of reasons: 4 August 2020
Catchwords: PRACTICE AND PROCEDURE – where Applicant seeks leave to rely on affidavit filed out of time – where relevant evidence had been overlooked – whether adequate explanation for delay given – whether prejudice to the Respondent outweighed
Cases cited: Aon Risk Services Australia Limited v Australian National University [2009] HCA 27; 239 CLR 175 Cement Australia Pty Ltd v Australian Competition and Consumer Commission [2010] FCAFC 101; 187 FCR 261 Jones v Dunkel (1959) 101 CLR 298 Tamaya Resources Limited (in liq) v Deloitte Touche Tohmatsu (A Firm) [2016] FCAFC 2; 332 ALR 199
Date of hearing: 1 July 2020
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
Category: Catchwords
Number of paragraphs: 33
Counsel for the Applicant: Mr I R Pike SC with Ms F Roughley and Mr P Strickland
Solicitor for the Applicant: Corrs Chambers Westgarth
Counsel for the Respondent: Mr C Scerri QC with Ms K Anderson and Mr T Farhall
Solicitor for the Respondent: Allens
ORDERS NSD 724 of 2016
BETWEEN: BILJANA CAPIC Applicant
AND: FORD MOTOR COMPANY OF AUSTRALIA LIMITED ACN 004 116 223 Respondent
JUDGE: PERRAM J DATE OF ORDER: 2 JULY 2020
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