Torley v Hyundai Motor Company Australia Pty Limited [2023] FCA 591

Federal Court of Australia

Torley v Hyundai Motor Company Australia Pty Limited [2023] FCA 591 File numbers: NSD 131 of 2023 NSD 132 of 2023

Judgment of: YATES J

Date of judgment: 7 June 2023

Catchwords: PRACTICE AND PROCEDURE – representative proceedings – applications by respondents in each proceeding seeking orders for inspections of the representative applicants' vehicles under r 14.01 of the Federal Court Rules 2011 (Cth) – where respondents seek extensions of time to file their defences – whether the inspections sought should occur before or after close of pleadings

Legislation: Federal Court Rules 2011 (Cth) r 14.01

Division: General Division

Registry: New South Wales

National Practice Area: Commercial and Corporations

Sub-area: Regulator and Consumer Protection

Number of paragraphs: 38

Date of hearing: 1 June 2023

Counsel for the Applicant: Mr S Free SC, Mr J Zmood and Mr L Judd

Solicitor for the Applicant: Johnson Winter & Slattery

Counsel for the Respondents: Dr R Higgins SC and Ms S Tame

Solicitor for the Respondents: Ashurst Australia

ORDERS NSD 131 of 2023

BETWEEN: CRYSTAL CAROL TORLEY Applicant

AND: HYUNDAI MOTOR COMPANY AUSTRALIA PTY LIMITED First Respondent

HYUNDAI MOTOR COMPANY Second Respondent

order made by: YATES J DATE OF ORDER: 7 JUNE 2023

THE COURT ORDERS THAT:

1. By 13 June 2023, the parties bring in agreed draft orders giving effect to these reasons and providing for any other steps that should now be undertaken to progress the proceeding. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.