MADDEN Lawyers has brought a class action lawsuit in the Supreme Court of Victoria on behalf of half a million owners of Toyota diesel vehicles.
The class-action lawsuit alleges Toyota Motor Corporation Australia Limited (TMCA) imported and sold “hundreds of thousands” of diesel-powered vehicles to Australian consumers with engine emissions cheating design features known as “beat device”.
Madden’s attorney alleges that “certain diesel engines developed by Toyota, including those incorporated in… LandCruiser and HiLux, include design elements that interfere with the vehicle’s emissions control systems.” to improve vehicle performance”.
The TMCA said it bases its emissions-related reporting, monitoring and evaluation standards on all of its vehicles and that it will defend the class action suit rigorously, adding that the matter was in court so they had no further comment.
Attorney Brendan Pendergast, special counsel for Maddens Lawyers alleges that the emission control systems of some Toyota models operate differently under test conditions than on the road, meaning that the Vehicles sold with affected engines may emit illegal high levels of nitrous oxide.
Mr Pendergast said: “Toyota was once one of Australia’s most trusted brands.
“It is Australia’s best-selling car brand. If a court finds that Toyota used a beat-up device, there are literally hundreds of thousands of people driving a vehicle that was simply never allowed on our roads.”
Although Mr. Pendergast did not present scientific confirmation of this claim, the class-action lawsuit he represents alleges that Toyota engaged in misleading and deceptive practices, and alleges that “the vehicles affected are not of acceptable quality and do not meet the necessary safety standards under the Australian Consumer Law”.
“We are aware of an unrelated complaint against Toyota regarding a diesel particulate filter (DPF) defect in certain HiLux, Fortuner and (LandCruiser) Prado diesel vehicles,” he said.
“This is a separate statement and does not extend to Toyota’s use of beat devices. The allegations in Maddens’ class action related to the use of a beat-up device are a much broader issue and affect a wider range of Toyota vehicles.
“If someone has already registered DPF defect class action they are also eligible for the Maddens Lawyers Beat Toyota Diesel Class Action,” he explained.
The leading plaintiff in the class action, Adam Rowe, is proceeding with the lawsuit on behalf of 500,000 eligible vehicle owners.
According to Pendergast, owners of Toyota vehicles sold on or after February 7, 2016 are eligible to participate in the class action whether they buy new or used vehicles.
Vehicles believed to be affected by this issue include Fortuner, Granvia, HiAce, HiLux and LandCruiser Prado models equipped with Toyota’s 2.8-liter 1GD-FTV engine; HiLux models fitted with Toyota’s 2.4-liter 2GD-FTV engine; LandCruiser models are equipped with Toyota’s 3.3-liter F33A-FTV or 4.5-liter 1VD-FTV engines, and RAV4 models are equipped with Toyota’s 2.2-liter 2AD-FHV or 2AD-FTV engines.
“The number of vehicles affected means the potential for ramifications for Toyota is huge,” said Pendergast.
“This could completely overshadow the VW dieselgate scandal.
“This class action is one of the largest claims in Australian legal history. It could result in each participant receiving tens of thousands of dollars in compensation,” he said while urging affected owners to join the online class action.
Maddens Lawyers and Mr Rowe are being supported by environmental, social and governance experts Woodsford Litigation Funding.
Although unrelated, the following claim a similar scandal involving Toyota Motor Corporation’s Hino Motors subsidiary. That company suspended the sale of some diesel truck models in Japan after falsely reporting fuel efficiency and emissions data.
Class action lawsuits against Hino Motors are being pursued by two separate law firms unrelated to Madden Lawyers.
