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‘One of the biggest claims in Australia’s legal history’ filed against Toyota
Proceedings have been filed against Toyota Motor Corporation Australia Limited for alleged tampering with emissions control systems to improve the performance of diesel engines.
Jerome Doraisamy
The claim, filed earlier this week in the Supreme Court of Victoria, alleges that the car company manufactured and sold hundreds of thousands of diesel vehicles that possess engine design features commonly known as “defeat devices”.
The filing alleges that some diesel engines developed by Toyota include design elements that “tamper” with the vehicle’s emissions control system, “in order to enhance the car’s performance”, Woodsford claimed in a statement.
Speaking about the proceedings, Maddens class action principal Kathryn Emeny said that, on some Toyota models, the emissions control system is alleged to perform differently in test conditions compared to on-road conditions.
This results, she submitted, in cars passing regulatory testing, but then emitting unlawfully high levels of nitrogen oxide when on the road.
“Toyota has historically been one of Australia’s most trusted brands. It is Australia’s top-selling car brand.
“If the court finds that Toyota has been using ‘defeat devices’, then there are literally hundreds of thousands of people driving a car that simply should have never been allowed on our roads,” she said.
“This class action is one of the biggest claims in Australia’s legal history.
“It could result in each participant receiving tens of thousands of dollars of compensation.”
The number of impacted vehicles means that the “potential ramifications for Toyota are enormous”, the funder went on, adding that the proceedings “could completely overshadow VW’s ‘dieselgate’ scandal”.
The class action is being led by plaintiff Adam Rowe, on behalf of up to half a million eligible vehicle owners, Woodsford said.
Woodsford chief investment officer (EMEA and APAC) Charlie Morris added that Toyota’s conduct in this matter is “egregious”.
“Not only do these defeat devices deceive consumers into buying a vehicle that is different to what they thought they were buying, they are also damaging to the environment, as diesel cars that do not meet the required emissions standards continue to find their way onto our roads,” he said.
“Woodsford is dedicated to holding big businesses like Toyota to account over wrongdoing of this kind so that consumers receive the compensation they are due, but also in the hope that actions of this kind will lead to a step-change in the behaviour of big business.”
In a statement, Toyota Australia has said that it stands by its reporting, monitoring and evaluation standards in relation to the emissions for all its vehicles.
“We will defend the class action announced today rigorously,” the company said.
“As this matter is before the courts, we have no further comment.”
Jerome Doraisamy
Jerome Doraisamy is the editor of Lawyers Weekly. A former lawyer, he has worked at Momentum Media as a journalist on Lawyers Weekly since February 2018, and has served as editor since March 2022. He is also the host of all five shows under The Lawyers Weekly Podcast Network, and has overseen the brand's audio medium growth from 4,000 downloads per month to over 60,000 downloads per month, making The Lawyers Weekly Show the most popular industry-specific podcast in Australia. Jerome is also the author of The Wellness Doctrines book series, an admitted solicitor in NSW, and a board director of Minds Count.
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