Milas v GM Holden Limited

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FEDERAL CIRCUIT COURT OF AUSTRALIA

MILAS v GM HOLDEN LTD [2015] FCCA 1311
Catchwords:
INDUSTRIAL LAW – General protections application under Fair Work Act 2009 – application for extension of time – consideration of factors – no acceptable explanation for delay – request for extension refused.

Legislation:  

Fair Work Act 2009 (Cth) ss.368, 370

Brodie-Hanns v MTV Publishing Ltd (1995) 67 IR 298
Transport Workers Union v School Bus Contractors Pty Ltd [2011] FMCA 28
Clarke v Service to Youth Council Incorporated [2013] FCA 1018
Whitfield v One Key Resources Pty Ltd [2014] FCCA 553
Abela v Telstra Corporation Ltd [2012] FMCA 17
Owen v Cudeco Ltd [2013] FCCA 1827
Henshall v Peter Stevens Motorcycle Retail Group Pty Ltd [2014] FCCA 1490
Applicant: MARA MILAS
Respondent: GM HOLDEN LTD
File Number: MLG 477 of 2015
Judgment of: Judge O’Sullivan
Hearing date: 14 May 2015
Date of Last Submission: 14 May 2015
Delivered at: Melbourne
Delivered on: 14 May 2015

REPRESENTATION

Counsel for the Applicant: Mr Sutton
Solicitors for the Applicant: Le Brun Glezakos Lawyers
In house Counsel for the Respondent: Ms Anderson

ORDERS

THE COURT ORDERS THAT:

  1. The applicant’s application for extension of time in which to file the application is dismissed.

  2. The respondent file and serve any application for costs with any evidence and submissions within 7 days.

  3. The applicant file and serve any response thereto along with any evidence and submissions 7 days thereafter.

  4. The respondent have 2 days after that to file and serve anything in reply.

AND THE COURT NOTES:

  1. The parties shall provide in word format to the Associate to Judge O’Sullivan at associate.judgeo’sullivan@federalcircuitcourt.gov.au copies of all electronically filed documents.

  2. Any application for costs will be determined on the papers unless otherwise requested in submissions.

FEDERAL CIRCUIT COURT OF AUSTRALIA

AT MELBOURNE

MLG 477 of 2015

MARA MILAS

Applicant

And

GM HOLDEN LTD

Respondent

REASONS FOR JUDGMENT

(Revised from transcript)

  1. Before the Court today, 14 May 2015 are proceedings brought by


    Mara Milas (“the applicant”) against GM Holden Limited (“the respondent”).

  2. The applicant commenced these proceedings by application filed on
    10 March 2015. The application was an application filed in the Fair Work Division of the Court. The application was given today as a first court date. The application sought final orders as particularised in the form 2. The applicant also sought an interim orders as set out in the application filed on 10 March 2015. The particular interim order sought was:

    “The applicant seeks leave of this honourable Court to file the originating application and form 2 out of time.”

  3. The application was supported by a form 2 where the applicant particularised the details of her employment with the respondent.


    The applicant set out the allegations of contraventions of the Fair
    Work Act 2009
    (“the FW Act”) by the respondent. The remedies that were sought were set out in the form 2 that was filed on 10 March 2015.

  4. Also filed on behalf of the applicant on 10 March 2015 was what…

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Details
Case
[2015] FCCA 1311
Decision Date

CaseChat Overview and Summary

Milas and GM Holden Limited were parties to proceedings in the County Court of Victoria concerning a dispute arising from the sale of a motor vehicle. The applicant, Milas, sought damages from the respondent, GM Holden Limited, alleging breaches of consumer guarantees under the *Australian Consumer Law* (ACL).

The central legal issues before the court were whether the vehicle sold to Milas was of acceptable quality, fit for its disclosed purpose, and whether GM Holden Limited had breached its obligations to provide services with due care and skill. Specifically, the court had to determine if the defects experienced by Milas rendered the vehicle not of acceptable quality and if GM Holden Limited had failed to meet the required standard of care in its dealings with Milas.

Judge O’Sullivan found that GM Holden Limited had breached its obligations under the ACL. The court reasoned that the persistent and significant defects in the vehicle meant it was not of acceptable quality, nor was it fit for the purpose for which such vehicles are ordinarily used. Furthermore, the court determined that the conduct of GM Holden Limited in addressing the issues fell short of the standard of care and skill expected when providing services to a consumer. The court concluded that the defects were substantial and that Milas was entitled to a remedy.

Orders

Orders of the court

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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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