Gilbert + Tobin is conducting a class action in the Federal Court of Australia against Toyota Motor Corporation Australia Limited (Toyota Australia).
The Toyota class action claimed compensation (that is, money) for defects in Toyota Hilux, Fortuner and Prado vehicles with a 1GD-FTV or 2GD-FTV diesel engine acquired between 1 October 2015 and 23 April 2020 in Australia (Relevant Vehicles).
On 16 May 2022, the Federal Court of Australia delivered an important judgment following the initial trial which took place in December 2021. The Court found that:
- all Relevant Vehicles failed to comply with the guarantee of acceptable quality provided in the Australian Consumer Law by reason of their defective DPF systems;
- representations made by Toyota regarding the Relevant Vehicles were false or misleading in contravention of the Australian Consumer Law;
- Toyota engaged in misleading or deceptive conduct in contravention of the Australian Consumer Law by failing to disclose, or disclose adequately, to purchasers of the Relevant Vehicles, or to the public at large, the issues with the DPF system; and
- Toyota’s failure to comply with the guarantee of acceptable quality resulted in a reduction in the value of the Relevant Vehicles in the amount of 17.5% of the average retail price of those vehicles.
Eligible group members are entitled to be paid money to compensate them for this reduction in value and for the excess GST they paid as a result of acquiring their vehicles at prices which were higher than the true value of those vehicles.