Recent Cases

Ford Motor Company of Australia Pty Ltd v Capic [2023] FCAFC 179 (14 November 2023) (Yates, Beach and Downes JJ)


CONSUMER LAW – representative proceedings – alleged defects in motor vehicles by reason of deficiencies in transmission system – where primary judge found affected vehicles were not of acceptable quality when supplied to consumers contrary to the guarantee in s 54 Australian Consumer Law – whether primary judge applied statutory test – the meaning of acceptable quality in a propensity case – extent to which after supply events should be taken into account when assessing whether guarantee has been met – whether error by primary judge in deciding that component posed a safety risk

DAMAGES – whether s 271(1) Australian Consumer Law gives rise to separate causes of action – whether s 271(6) Australian Consumer Law is engaged when failure to repair within reasonable time – construction of s 272 Australian Consumer Law – whether earlier decision of Full Court which construed same statutory provision should be followed – whether question of assessment should be remitted to primary judge