You are entitled to receive money under the judgment if you:
To receive any money to which you are entitled under the judgment you must register your interest here.
It is in group members’ interests to register. If group members do not register, they will not be able to receive any money to which they may otherwise be entitled under the judgment.
The amount of money to which you may be entitled under the judgment will also depend on whether Toyota’s “2020 Field Fix” (a specific countermeasure introduced by Toyota from May 2020) has been applied to your Relevant Vehicle.
If you are eligible to receive money under the judgment and the 2020 Field Fix has not been applied to your Relevant Vehicle, you will be entitled to receive:
- an amount of money equal to 17.5% of the Average Retail Price of your Relevant Vehicle at the time of initial supply, less any amount by which the Average Retail Price of your vehicle exceeds the price you paid to acquire the vehicle (Reduction in Value Damages);
- an additional amount of money equal to 10% of the amount of your Reduction in Value Damages for excess GST paid in connection with acquiring your Relevant Vehicle (Excess GST Damages); and
- interest on those amounts.
By way of example, the representative applicant will receive Reduction in Value Damages in the amount of $7,474.59 and Excess GST Damages in the amount of $747.46.
If you are eligible to receive money under the judgment and the 2020 Field Fix has been applied to your Relevant Vehicle:
- you will be entitled to receive Excess GST Damages in an amount equal to 10% of the amount of the Reduction in Value Damages applicable to your Relevant Vehicle and interest on that amount; and
- your entitlement to receive Reduction in Value Damages has not yet been determined by the Court. That is, group members whose Relevant Vehicles have had the 2020 Field Fix may still be found to be entitled to receive Reduction in Value Damages in due course. We will provide an update in respect of when these claims are likely to be determined following a hearing on 21 July 2022.
Group Members who have already received refunds, replacement vehicles or compensation from Toyota
If you have not already been paid a refund by Toyota in respect of your Relevant Vehicle or had your Relevant Vehicle replaced by Toyota, this section is not relevant to you.
Refunds
If you have already been paid a refund by Toyota in respect of your Relevant Vehicle, then you are not entitled to money under the judgment.
Replacement vehicles
If your Relevant Vehicle was replaced by Toyota during the Relevant Period (between 1 October 2015 and 23 April 2020) with another Relevant Vehicle, then you are entitled to be paid money for reduction in value and excess GST under the judgment and the amount of money you will be paid (if you register) will be assessed in the manner described above.
If your Relevant Vehicle was replaced by Toyota:
- after the Relevant Period (i.e., after 23 April 2020); or
- during the Relevant Period (between 1 October 2015 and 23 April 2020) with a vehicle other than a Relevant Vehicle,
then you are entitled to money for excess GST (assessed in the manner described above), but your entitlement to receive money for reduction in value has not yet been determined. That is, group members in this category may still be found to be entitled to receive money for reduction in value in due course. We will provide an update in respect of when these claims may be determined following a hearing on 21 July 2022.
Compensation payments
If you have already received a compensation payment from Toyota in respect of your Relevant Vehicle for:
- the reduction in value of that vehicle; or
- the difference between the price you paid to acquire your vehicle and the price at which you traded it in to Toyota or sold it,
then this payment will be taken into account in assessing your eligibility to receive money under the judgment and the amount of any such money you may be eligible to receive.
Group members’ claims for money for losses other than reduction in value and excess GST
Group members’ entitlements to receive money for excess stamp duty, financing costs and income lost due to excess servicing (being damages awarded to the representative applicant) and excess fuel costs (being damages the representative applicant was not able to quantify to the Court’s satisfaction) were not determined at the initial trial. We are considering how group members may be able to establish their entitlement to receive these types of claims and will provide a further update on this topic as soon as we are able to do so.