CONSUMER LAW – representative proceedings – where respondent manufacturer was found at trial to have supplied vehicles in Australia which did not comply with the guarantee of acceptable quality under s 54 of the Australian Consumer Law (‘ACL’) – where affected vehicles have been on-sold into the second-hand market and subsequent owners have acquired their affected vehicle by private sale or by re-supply by a car dealer – whether subsequent owners are entitled to claim reduction in value damages under s 272(1)(a) ACL calculated by reference to the original supply to the first consumer CONSUMER LAW – representative proceedings – where the class member definition was amended after trial to expand the class – where information about the proceedings was reported by the press and available online – whether class members ought to have been aware that the guarantee of acceptable quality had not been complied with – whether claims of new class members are time barred REPRESENTATIVE PROCEEDINGS – where orders are sought under s 33Z of the Federal Court of Australia Act 1976 (Cth) to crystallise claims of class members – where entitlement to claim reduction in value damages runs with title – where proceedings commenced many years ago – whether the Court has power to make the orders under s 33Z(1)(e) and/or s 33Z(1)(g) – whether crystallisation orders should be made
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2026/2026fca0038For more information, see the original judgement.
