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Toyota Class Action

Relating to certain Hilux, Fortuner & Prado diesel vehicles

The Toyota class action claims compensation 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.

On 16 May 2022, the Federal Court of Australia delivered an important judgment in favour of the applicants and group members. Toyota appealed this judgment and on 27 March 2023, the Full Court of the Federal Court of Australia delivered judgment in respect of Toyota’s appeal.

In April 2023, the applicants and Toyota both applied to the High Court of Australia for leave to appeal parts of the Full Court’s judgment concerning the reduction in value damages to which group members may be entitled. The High Court will decide whether to grant the parties leave to appeal the Full Court’s judgment and, if leave is granted, determine any such appeal. This process is unlikely to conclude before mid-2024.

IMPORTANT: All Group Members who wish to receive compensation to which they may become entitled in the Toyota Class Action must register their interest in doing so on the Group Member Portal (managed by Deloitte) by clicking the ‘Register for Compensation’ button below (including those Group Members who previously subscribed for updates on this website).

Group members who have already submitted their registration forms do not need to do anything else at this stage.

You may also read more about the legal action by scrolling down or reading our FAQs.

Overview

Gilbert + Tobin is conducting a class action in the Federal Court of Australia against Toyota Motor Corporation Australia Limited (Toyota).

The Toyota class action claims 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 in favour of the applicants and group members (Primary Judgment). The Court found that the Relevant Vehicles were not of acceptable quality because of their defective DPF systems and that their value at the time of initial supply was thereby reduced by 17.5% (measured against Average Retail Price). The Court also held that Toyota engaged in misleading or deceptive conduct in connection with marketing and selling the Relevant Vehicles.

The primary judge held that eligible group members were entitled to be paid money to compensate them for the reduction in value of the Relevant Vehicles and for the excess GST group members paid as a result of acquiring their vehicles at prices which were higher than the true value of those vehicles.

On 10 June 2022, Toyota lodged an appeal from the Primary Judgment. The appeal was heard in the Full Court of the Federal Court of Australia from 14 to 16 November 2022.

On 27 March 2023, the Full Court of the Federal Court of Australia delivered judgment in respect of Toyota’s appeal from the Primary Judgment. The Full Court confirmed the primary judge’s findings that the Relevant Vehicles were not of acceptable quality because of their defective DPF systems and that their value at the time of initial supply was thereby reduced. The Full Court also confirmed the primary judge’s findings that Toyota engaged in misleading or deceptive conduct in connection with marketing and selling the Relevant Vehicles.

However, the Full Court found that the amount of the reduction in value was 10%, rather than 17.5% as found by the primary judge. The Full Court also held that it is necessary and appropriate to take into account the fact that Toyota developed an effective fix for the defect in May 2020 and began offering it for free after the Relevant Period.

In April 2023, the applicants and Toyota both applied to the High Court of Australia for leave to appeal parts of the Full Court’s judgment concerning the reduction in value damages to which group members may be entitled. The High Court will decide whether to grant the parties leave to appeal the Full Court’s judgment and, if leave is granted, determine any such appeal. This process is unlikely to conclude before mid-2024.

Read the court documents

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.

Next steps

In April 2023, the applicants and Toyota both applied to the High Court of Australia for leave to appeal parts of the Full Court’s judgment concerning the reduction in value damages to which group members may be entitled. The High Court will decide whether to grant the parties leave to appeal the Full Court’s judgment and, if leave is granted, determine any such appeal. This process is unlikely to conclude before mid-2024.

Please note that we will not be responding to individual group member queries until after the parties’ appeals to the High Court have been determined. The Group Member Portal will be updated on an ongoing basis with any new developments in the proceeding, including in relation to the parties’ appeals to the High Court. Group members who are interested in keeping up to date with the proceeding should return to the Group Member Portal periodically for updates.

In the meantime, group members can continue to register their interest to receive any compensation to which they may become entitled in the Toyota Class Action. If you think you are a group member and have not already done so, you can register your interest here. If you do not register, you will not be able to receive any money to which you may otherwise become entitled.

Group members who have already submitted their registration forms do not need to do anything else at this stage. If you have registered, but not yet submitted your completed forms, please do so in order to complete the process.

Further information

You can find more information on the Toyota class action and how to participate in the Frequently Asked Questions.

Funded by

Balance Legal Capital

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Prosecuted by

Gilbert + Tobin

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IMPORTANT: Group Members who have previously subscribed for updates on this website still need to register their interest to receive compensation on the Group Member portal by clicking 'Register Now'

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