Capic v Ford Motor Company of Australia Pty Ltd (Notice to Class Members) [2022] FCA 974

Capic v Ford Motor Company of Australia Pty Ltd (Notice to Class Members) [2022] FCA 974

Given the low importance of the notice to class members and the significant cost of physical distribution, but recognizing the notice marks a significant development and online posting is essentially cost-free, the Court exercised its discretion to allow online posting of the notice in satisfaction of s 33X(5), rather than broad distribution.

Parties
Applicant: Biljana Capic; First Respondent: Ford Motor Company of Australia Pty Ltd ACN 004 116 223; Second Respondent on the Interlocutory Application: Austroads Limited ACN 136 812 390
Jurisdiction
Australia
Judgment Date
19 August 2022
Procedural Posture
Application (class Action) / Post Judgment, Pre Appeal; Interlocutory Order Regarding Notice to Class Members
Outcome
Application for broad distribution of the notice refused; application for online posting of the notice granted.
Legal Topics
Class Actions, Representative Proceedings, Distribution of Notice, Appeals
Practice and Procedure Consumer Protection Class Actions Representative Proceedings Distribution of Notice Appeals

Case Brief

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Parties

Biljana Capic

Applicant

Ford Motor Company of Australia Pty Ltd ACN 004 116 223

First Respondent

Austroads Limited ACN 136 812 390

Second Respondent on the Interlocutory Application

Procedural Posture

Application (class Action) / Post Judgment, Pre Appeal; Interlocutory Order Regarding Notice to Class Members

Legal Issues

  1. 1 Whether to order distribution of notice to class members about appeal and case developments under s 33X(5) Federal Court of Australia Act 1976 (Cth)
  2. 2 Whether notice distribution is justified where class members do not need to take action

Ratio Decidendi

Given the low importance of the notice to class members and the significant cost of physical distribution, but recognizing the notice marks a significant development and online posting is essentially cost-free, the Court exercised its discretion to allow online posting of the notice in satisfaction of s 33X(5), rather than broad distribution.

Court Disposition

Application for broad distribution of the notice refused; application for online posting of the notice granted.

Orders

  • The parties to bring in a short minute of order giving effect to these reasons within 7 days.
  • Notice to be posted on the www.fordclassaction.net website, Federal Court website, and relevant part of Ford's website concerning 'powershift' and the DPS6.