Case Update

October 11, 2016

On 30 September 2016 Justice Perram of the Federal Court of Australia rejected the interlocutory (i.e. interim procedural) application made by Ford’s solicitors for security to be paid by the lead applicant. Bannister Law was successful in arguing that security should not be paid.

Ford’s application has been filed on 16 September 2016, in which Ford sought an agreed amount of Ford’s legal fees and costs for Ford to defend the class action to be paid up front by the lead applicant as security until the end of the class action.

The Affected Vehicles

Since Bannister Law’s lead applicant began the class action against Ford, we have been investigating the vehicles which are affected. Our investigation has now been finalised, and we have formulated a final list of affected vehicles. The affected Ford PowerShift vehicles are fitted with a dry dual clutch automatic transmission, and are petrol only. Diesel vehicles cannot be included in this class action as they are fitted with a wet clutch transmission.

Model Year
Focus
Titanium LW 2011 – 2012
Sport LW 2011 – 2012
Trend LW 2011 – 2012
Ambiente LW 2011 – 2012
Sport LW MKII 2013 – 2015
Titanium LW MKII 2013 – 2015
Ambiente LW MKII 2013 – 2015
Trend LW MKII 2013 – 2015
Fiesta Zetec WT 2010 – 2013
LX WT 2010 – 2013
CL WT 2010 – 2013
Sport EcoBoost WZ 2012 – 2015
Trend WZ 2013 – 2016
Ambiente WZ 2013 – 2016
Fiesta CL WT 2010 – 2013
EcoSport Titanium BK 2013 – 2016
Trend BK 2013 – 2016
Ambiente BK 2013 – 2016

The Claim

Bannister Law’s lead applicant has also amended the claim for class members to exclude the claim for a full refund. However, Bannister Law’s lead applicant will be still be seeking damages for diminution in value of vehicles on behalf of all Class Members. The claim will also include any amounts paid for repairs, car hire, taxi fares, additional finance costs, and any additional expenses and costs incurred as a result of the necessity to replace the affected vehicle and obtain a different vehicle. This appears to be the best opportunity for affected owners in the class action to be compensated in a just, timely and inexpensive manner.

As the class action has been amended, please see our updated Frequently Asked Questions for further information on the action and process.

###