Williams v Toyota Motor Corporation Australia Limited [2021] FCA 1425

Federal Court of Australia

Williams v Toyota Motor Corporation Australia Limited [2021] FCA 1425 File number: NSD 1210 of 2019

Judgment of: LEE J

Date of judgment: 26 October 2021

Catchwords: PRACTICE AND PROCEDURE – representative proceedings pursuant to Pt IVA of Federal Court of Australia Act 1976 (Cth) (Act) – consumer class action – where applicants seek aggregate damages in respect to some of the damages claimed on behalf of group members – whether the Court has the power to award damages in an aggregate amount in respect of part (but not all) of the damages claimed – the meaning of a 'matter' within the meaning of s 33Z of the Act – flexibility of Part IVA case management powers and relationship with the overarching purpose EQUITY – issue identified as to whether "aggregate damages" can extend to non-proprietary equitable remedies in Equity's exclusive jurisdiction when to speak of "damages" would ordinarily bespeak confusion of thought – this issue and whether "aggregate damages" can extend to a compensatory remedy in Equity's auxiliary jurisdiction unnecessary to determine

Legislation: Constitution ss 76, 77 Competition and Consumer Act 2010 (Cth) Sch 2 (Australian Consumer Law) Pt 5-2 Div 3, Pt 5-4 Div 2; ss 18, 21, 29, 33, 54, 236, 272, 236 Federal Court of Australia Act 1976 (Cth) ss 4, 20, 20A, 22, 23CC, 26, 30BH, 30CA, 32, 32AA, 32AB, 33, 33C, 33H, 33J(4), 33Q(1), 33V, 33Z, 33ZA, 33ZB, 58BB, 58HA Federal Court of Australia Amendment Act 1991 (Cth) Federal Court Rules 2011 (Cth) rr 26.01(1), 26.01(5) Explanatory Memorandum, Federal Court of Australia Amendment Bill 1991 (Cth)