Capic v Ford Motor Company of Australia Pty LtdCitation:[2024] HCA 39Before:Gageler CJ, Gordon, Edelman, Steward, Gleeson, Jagot, Beech-Jones JJDate:06 Nov 2024Case Number:S25/2024Read more

The assessment of damages under s 272(1)(a) of the Australian Consumer Law is not confined to the time of supply and may require consideration of subsequent events, including repairs and use of the goods, to ensure that compensation reflects actual loss and avoids over-compensation.

Parties: Appellant: Appellant; Respondent: Respondent
Jurisdiction: Australia
Judgment Date: 06 November 2024
Procedural Posture: Representative Proceedings / Appeal Judgment
Outcome: appeal dismissed
Legal Topics: Assessment of Damages, Guarantee of Acceptable Quality, Reduction in Value, Over Compensation

Consumer Law Damages Assessment of Damages Guarantee of Acceptable Quality Reduction in Value Over Compensation

Case Brief

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Parties

Appellant

Respondent

Procedural Posture

Representative Proceedings / Appeal Judgment

Legal Issues

1 Whether assessment of damages under s 272(1)(a) of the Australian Consumer Law requires consideration of events after the time of supply
2 Whether the Full Court erred in finding that damages assessment may require departure from the time of supply or adjustment to avoid over-compensation

Ratio Decidendi

Court Disposition

appeal dismissed

Orders

Assessment of damages under s 272(1)(a) must consider subsequent events to avoid over-compensation.
The orders of the Full Court are affirmed.