Maddens Lawyers have launched a class action in the Supreme Court of Victoria on behalf of up to half a million owners of diesel-powered Toyota vehicles.
The class action alleges that Toyota Motor Corporation Australia Limited sold hundreds of thousands of diesel vehicles to Australian consumers that possess engine design features known as ‘defeat devices’.
Toyota Motor Corporation Australia Limited (TMCA) has issued a public statement saying that it stands by its reporting, monitoring and evaluation standards in relation to the emissions for all its vehicles.
“We will rigorously defend the announced class action,” TMCA says.
“As this matter is before the courts, we have no further comment,” it says.
It is alleged that some diesel engines developed by Toyota, including those in models such as the Landcruiser and Hilux, include design elements which tamper with the vehicle’s emissions control system in order to enhance the car’s performance.
Maddens Lawyers’ special counsel Brendan Pendergast says on some Toyota models the emissions control system is alleged to perform differently in test conditions compared to on road conditions. This results in cars passing regulatory testing but then emitting unlawfully high levels of nitrogen oxide when on the road.
“If the Court finds that Toyota has been using defeat devices then there are literally hundreds of thousands of people driving a car that simply should have never been allowed on our roads,” Pendergast says.
The class action alleges that when obtaining regulatory approval for diesel cars to be sold on the Australian market, Toyota engaged in conduct which was misleading and deceptive. It is also alleged affected vehicles are not of acceptable quality and do not meet the necessary
safety standards under the Australian Consumer Law.
“We are aware of an unconnected claim against Toyota, which relates to a defect with the diesel particulate filter (DPF) in certain Hilux, Fortuner and Prado diesel vehicles,” Pendergast says.
“This is a separate claim and does not extend to Toyota’s use of defeat devices. The allegations in the Maddens’ class action concerning the use of defeat devices are a much broader issue and impacts a larger range of Toyota cars.
“If anyone has registered for the DPF defect class action they are also eligible to participate in the Maddens Lawyers Toyota diesel defeat device class action,” he says
The Maddens’ class action contends that the following Toyota diesel vehicles contain ‘defeat devices’:
• Hilux, Landcruiser Prado, Fortuner, Granvia and HiAce vehicles fitted with a 2.8 litre 1GD-FTV engine
• Hilux vehicles fitted with a 2.4 litre 2GD-FTV engine
• Landcruiser vehicles fitted with a 3.3 litre F33A-FTV engine
• Landcruiser vehicles fitted with a 4.5 litre 1VD-FTV 195kW to 200 kW engine
• RAV-4 vehicles fitted with a 2.2 litre 2AD-FHV or 2AD-FTV engine
Anyone who purchased one of these vehicles on or after February 7, 2016 is eligible to participate in the class action, regardless of whether they purchased the vehicle new or second hand.
Lead plaintiff Adam Rowe is advancing the class action on behalf of up to 500,000 eligible vehicle owners.
“The number of impacted vehicles means that the potential ramifications for Toyota are enormous,” Pendergast says.
“This could completely overshadow VW’s dieselgate scandal.
“This class action is one of the biggest claims in Australia’s legal history. It could result in each participant receiving tens of thousands of dollars of compensation. Anyone who has purchased one of these vehicles should register to participate in this class action.
“Registration is quick and easy and can be done online,” he says.
Maddens Lawyers and Mr Rowe have the support of litigation funder, Woodsford, to advance the class action. Woodsford is currently backing numerous major class actions in Australia, the UK and Europe including those brought by consumers against Mitsubishi Motors Australia and the ANZ Bank.
“Woodsford is dedicated to holding big business to account and delivering recompense to those directly impacted by their actions. Large corporates like Toyota have acted with impunity for far too long, hopefully actions like this will lead to a step-change in behaviour – to the benefit of all,” Woodsford’s chief investment officer Charlie Morris says.
“Maddens Lawyers are looking forward to teaming with Woodsford in recovering compensation for each and every impacted vehicle owner,” Pendergast says.
Impacted vehicle owners should contact Maddens Lawyers to register their interest in the class action via https://toyotadieselclassaction.com.au/
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