Toyota Australia to appear in court over claims of equipment to defeat diesel emissions

An Australian law firm has launched a class-action lawsuit against market-leading car company Toyota, alleging it used the same type of diesel beater that sparked the Volkswagen story’ dieselgate’ in vehicles such as HiLux and LandCruiser.

Toyota Australia, apparently perplexed, said it dismissed the claims and would defend the class action in Victoria’s Supreme Court “sternly”.

The class action lawsuit brought is unrelated to another controversial class action lawsuit centered on Toyota’s faulty diesel particulate filters (DPFs), the legal basis of which stems from the recent decision Federal Court case against the automaker – which it appealed. .

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Instead, the law firm Maddens Lawyers alleges Toyota Motor Corporation Australia Limited “manufactured and sold hundreds of thousands of diesel-powered vehicles to Australian consumers possessing engine design features commonly referred to as “equipment”. defeat “”.

These electronics interfere with the vehicle’s emissions control system, so they behave differently in lab tests than they do on the road (or off-road). The result in Volkswagen’s case is cars that emit more nitrous oxide than they actually do.

Toyota Australia said it completely rejected the basis of the claim and that it “follows emissions-related reporting, monitoring and evaluation standards for all of its vehicles”.

“We will defend the class action lawsuit announced today rigorously,” it added, saying it had nothing to add as the matter would soon be brought before the court.

It’s not entirely clear what Maddens Lawyers is basing its claims on, as it doesn’t cite a scientific study of TMC emissions in its media correspondence. However, Toyota’s Hino truck division has been overseas recently admitted it falsified engine performance data.

We have reached out to Attorney Maddens regarding this matter and are awaiting a response.

The class-action lawsuit alleges that when it received regulatory approval for diesel cars marketed in Australia, Toyota engaged in misleading and deceptive practices. It is also alleged that the affected cars do not meet the standards set by the Australian Consumer Law.

Maddens Special Counsel Brendan Pendergast said: “If the Court finds that Toyota used a ‘beat device’ then there are literally hundreds of thousands of people driving a vehicle that should never have been allowed on the road. our way”.

The statement added that the company was “aware of an unrelated complaint against Toyota, regarding a diesel engine particulate filter defect,” saying that this separate complaint does not extend to Toyota’s use of the diesel engine. Use beat devices.

“The allegations in the Maddens class-action lawsuit regarding the use of a beat-up device are a much broader issue and affect a wider range of Toyota vehicles,” the company said in a statement.

Affected claim vehicles include:

• HiLux, Prado, Fortuner, Granvia and HiAce the vehicle is equipped with a 2.8-liter engine 1GD-FTV
• HiLuxes is equipped with a 2.4-liter 2GD-FTV . engine
• LandCruiser 300 is equipped with a 3.3-liter F33A-FTV engine
• LandCruiser 70s is equipped with a 4.5-liter 1VD-FTV . engine
• RAV4 equipped with a 2.2 liter 2AD-FHV or 2AD-FTV . engine

Owners of the allegedly affected vehicles made after February 2016 are believed to be eligible to participate in the class action, which is being conducted by lead plaintiff Adam Rowe, on behalf of 500,000 owners are allegedly affected.

“This could completely overshadow the VW dieselgate scandal. This class action is one of the largest in Australian legal history. It could result in each participant receiving tens of thousands of dollars in damages,” stated Special Counsel Mr Pendergast.

Maddens and Mr Rowe are being supported by environmental, social and governance litigation firm Woodsford.

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