The case is brought by Kenneth John Williams on his own behalf and on behalf of others who also own or have owned these Toyota vehicles (known as “group members”).
The class action alleges that:
- certain models of Toyota motor vehicle in the Hilux, Prado and Fortuner ranges fitted with a 1GD-FTV engine or 2GD-FTV engine are defective;
- these vehicles fail to comply with the statutory guarantee as to acceptable quality provided under the Australian Consumer Law; and
- Toyota Australia has engaged in conduct that was misleading or deceptive and which, in the circumstances, was unconscionable.
Who is eligible?
You may be a group member and able to claim money from Toyota in the event the class action is successful if you:
- acquired (including by way of purchase, exchange or taking on lease, or on hire-purchase) one or more models of Toyota motor vehicle in the Hilux, Fortuner and Prado ranges fitted with a 1GD-FTV engine or 2GD-FTV engine;
- acquired the vehicle between 1 October 2015 and 23 April 2020;
- did not acquire the vehicle in an auction;
- did not acquire the vehicle for the purpose of re-supply; and
- acquired the vehicle from a Toyota dealership or other retailer, including second-hand through used car dealers, or from any person who directly acquired the vehicle from a Toyota dealership or retailer.
How much does it cost?
It doesn’t cost you anything to be a part of the Toyota class action.
An experienced litigation funder called Balance Legal Capital (Balance) is currently funding the case. Group members are not, and will not be, responsible for any “out of pocket” legal costs by remaining as group members in this class action or by signing up.