Capic v Ford Motor Company of Australia Pty Ltd

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.