Capic v Ford Motor Company of Australia Limited (Adjournment)

The defendant, Ford Motor Company of Australia Limited, applied for an adjournment of a trial scheduled to commence against the plaintiff, Mr Capic. The application arose out of a dispute concerning a Ford vehicle sold by the defendant to the plaintiff, with the plaintiff alleging defects and breaches of consumer guarantees under the Australian Consumer Law. The application was heard in the Federal Court of Australia.

The legal issue before the court was whether the trial should be adjourned in light of the COVID-19 pandemic, and if so, what form the adjournment should take. The court was required to consider the potential impact of a virtual trial on the conduct, length, and expense of the trial, as well as the broader principles of justice and fairness.

The court held that an adjournment was appropriate in the circumstances, given the risk of infection and the potential disruption to the administration of justice. The court noted that a virtual trial was a viable alternative, provided that the necessary technology and protocols were in place to ensure a fair and efficient hearing. The court also emphasised the need for the parties to cooperate and comply with relevant health and public order regulations. The court ordered that the parties confer on the conduct of the trial and listed the matter for a case management hearing to further consider the arrangements.

The orders included a requirement for the parties to confer on the use of platforms for the virtual trial, the exchange of documents, and the conferencing of experts. The parties were also required to comply with all relevant COVID-19 regulations. The matter was listed for a case management hearing on 20 April 2020, and the parties were to bear their own costs of the adjournment application.