Toyota faces huge class action battle
Law firm claims diesel ‘defeat device’ class action against Toyota could be one of Australia’s biggest.
A Victorian law firm has launched a class action in the Supreme Court of Victoria on behalf of up to half a million owners of diesel-powered Toyota vehicles.
It is alleged that Toyota Australia sold hundreds of thousands of diesel vehicles to Australian consumers that possess design features known as ‘defeat devices’.
A statement from Maddens Lawyers, the firm leading the class action, described the class action as “one of the biggest claims in Australia’s legal history”.
Maddens Lawyers’ Special Counsel Brendan Pendergast said on some Toyota models the emissions control system is alleged to perform differently in test conditions compared with on-road conditions.
This results in cars passing regulatory testing but then emitting unlawfully high levels of nitrogen oxide when on the road.
The class action alleges 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 were not of acceptable quality and did not meet the necessary safety standards under the Australian Consumer Law.
A statement on Toyota Australia’s website said: “Toyota Australia stands by its reporting, monitoring and evaluation standards in relation to the carbon emissions for all its vehicles. We will defend the class action announced today rigorously. As this matter is before the courts, we have no further comment.”
The class action comes at the same time as a claim against Toyota relating to a defect with the diesel particulate filter (DPF) in certain Hilux, Fortuner and Prado diesel vehicles, but is unrelated to that matter, according to Maddens Lawyers.
“This is a separate claim and does not extend to Toyota’s use of defeat devices,” Mr Pendergast said.
“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.”
The Maddens’ Toyota Diesel Defeat Device Class Action relates to anyone who purchased a range of Toyota diesel vehicles after 7 February 2016, with the company claiming it could impact up to 500,000 vehicle owners.
Vehicles covered by the class action include:
- Toyota Hilux, Landcruiser Prado, Fortuner, Granvia and HiAce vehicles fitted with a 2.8 litre 1GD-FTV engine.
- Toyota Hilux vehicles fitted with a 2.4 litre 2GD-FTV engine.
- Toyota LandCruiser vehicles fitted with a 3.3 litre F33A-FTV engine.
- Toyota LandCruiser vehicles fitted with a 4.5 litre 1VD-FTV 195kW to 200 kW engine.
- Toyota RAV-4 vehicles fitted with a 2.2 litre 2AD-FHV or 2AD-FTV engine.
The claim comes following Hino Motors, a subsidiary of the Toyota Motor Corporation, suspending the sale of some diesel truck models in Japan after misreporting engine data relating to fuel efficiency and emissions.
The Hino truck scandal first came to light in March 2022 and as at late August had expanded to include additional models totalling 640,000 vehicles.
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