Federal Court of Australia
Federal Court of Australia
Capic v Ford Motor Company of Australia Pty Ltd (Costs) [2021] FCA 1411 File number: NSD 724 of 2016
Judgment of: PERRAM J
Date of judgment: 15 November 2021
Catchwords: COSTS – representative proceedings pursuant to Pt IVA of Federal Court of Australia Act 1976 (Cth) – costs of trial on Applicant's individual claim and common issues – whether time ripe for costs order where group claims yet to be determined
Legislation: Competition and Consumer Act 2010 (Cth) Sch 2 ss 54, 271
Cases cited: 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
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
Number of paragraphs: 7
Date of last submissions: In chief: 17 September 2021 In reply: 24 September 2021
Date of hearing: Determined on the papers
Counsel for the Applicant: Mr I Pike SC with Ms F Roughley and Mr P Strickland
Solicitor for the Applicant: Corrs Chambers Westgarth
Counsel for the Respondent: Ms W Harris QC with Mr M Costello and Mr T Farhall
Solicitor for the Respondent: Allens
ORDERS NSD 724 of 2016
BETWEEN: BILJANA CAPIC Applicant
AND: FORD MOTOR COMPANY OF AUSTRALIA PTY LTD ACN 004 116 223 Respondent
order made by: PERRAM J DATE OF ORDER: 15 November 2021
THE COURT ORDERS THAT:
1. Subject to further order and without prejudice to any existing costs order in the proceeding, the question of costs be deferred until group members' entitlement to damages (whether on an individual or aggregate basis) is known. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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