Capic v Ford Motor Company of Australia Pty Ltd (Costs of Remitter)

Case [2025] FCA 891


FEDERAL COURT OF AUSTRALIA

Capic v Ford Motor Company of Australia Pty Ltd (Costs of Remitter) [2025] FCA 891

File number(s): NSD 724 of 2016
Judgment of: PERRAM J
Date of judgment: 4 August 2025
Catchwords: COSTS – representative proceedings – where the High Court remitted to the primary judge the question of the applicant’s damages for redetermination – costs orders in respect of the remitter 
Cases cited: Capic v Ford Motor Company of Australia Pty Ltd [2021] FCA 715
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
Number of paragraphs: 3
Date of last submission/s: 25 July 2025
Date of hearing:  Determined on the papers
Counsel for the Applicant:  Dr F Roughley SC with Mr S Gerber
Solicitor for the Applicant:  Corrs Chambers Westgarth
Counsel for the Respondent:  Mr M Costello KC with Mr J Waller
Solicitor for the Respondent:  Allens

ORDERS

NSD 724 of 2016
BETWEEN:

BILJANA CAPIC

Applicant

AND:

FORD MOTOR COMPANY OF AUSTRALIA PTY LTD ACN 004 116 223

Respondent

ORDER MADE BY:

PERRAM J

DATE OF ORDER:

4 AUGUST 2025

THE COURT ORDERS THAT:

1.Each party is to bear their own costs of the remitter.

Note:   Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.


REASONS FOR JUDGMENT

PERRAM J

  1. In Capic v Ford Motor Company of Australia Pty Ltd [2021] FCA 715, I determined that Ms Capic had paid $6,820.91 more for her vehicle than it was worth. Appellate litigation in the Full Court and the High Court ensued following which the High Court remitted the matter to me to determine how much Ms Capic’s reduction in damages should be in light of its reasons.

  2. At the hearing Ms Capic submitted that she should be awarded a substantially larger amount than the original $6,820.91 I had determined and Ford submitted that there should be a substantial reduction.  I determined that her reduction in damages should be assessed at $6,820.91, i.e, the same as original amount.  Neither party obtained the result which they sought.  Ms Capic now submits that it was Ford who sought on appeal to disturb the original figure and that the outcome showed that it had lost that campaign.

  3. However, the question of who won and who lost the appellate litigation has been determined and is not the debate I had to resolve.  On the debate before me Ms Capic failed to get what she wanted as did Ford.  The appropriate order is that each party bear their own costs.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Perram.

Associate:

Dated:       4 August 2025

Details
AGLC
Capic v Ford Motor Company of Australia Pty Ltd (Costs of Remitter) [2025] FCA 891
Case
[2025] FCA 891
Decision Date

CaseChat Overview and Summary

The case of Capic v Ford Motor Company of Australia Pty Ltd (Costs of Remitter) involved an applicant who had initiated representative proceedings against Ford Motor Company of Australia Pty Ltd. The dispute centred around the determination of damages for the applicant following a remittal by the High Court. The Federal Court was tasked with addressing the costs associated with the remitter.

The primary legal issue before the court was the allocation of costs in relation to the remitter. Specifically, the court needed to determine the costs incurred by each party during the remitter process. This included the costs incurred by the applicant during the original proceedings and the subsequent costs incurred by both parties during the remitter process.

The court considered the principles of costs in representative proceedings, focusing on the equitable allocation of costs between the parties. It determined that each party should bear their own costs associated with the remitter, reflecting the unique circumstances and efforts of each party during this phase of the proceedings. This approach ensured that the financial burden was not disproportionately placed on one party, maintaining fairness and balance in the litigation process.

The final orders of the court mandated that each party would bear their own costs of the remitter, reflecting the court’s determination on the equitable allocation of costs. This decision was made in accordance with Rule 39.32 of the Federal Court Rules 2011, which governs the entry of orders concerning costs in such cases.

Orders

Orders of the court

1. Each party is to bear their own costs of the remitter.

Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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