Welcome to the portal for group members of the class action relating to certain Toyota HiLux, Prado and Fortuner diesel vehicles.
November 2024
High Court of Australia confirms entitlement to damages for reduction in value of Affected Vehicles
In an important judgment delivered on 6 November 2024, the High Court of Australia has:
- upheld the applicants’ appeal from a judgment of the Full Court of the Federal Court of Australia delivered in March 2023;
- dismissed Toyota’s appeal from the Full Court’s judgment; and
- in doing so, confirmed that group members who are entitled to receive damages for the reduction in value of their Affected Vehicles at the time of supply resulting from the vehicles’ defective DPF Systems, do not lose that entitlement merely because an effective fix for the defect now exists.
A copy of the High Court’s judgment is accessible here.
The High Court also accepted the applicants’ argument that the Full Court should not have discounted the trial judge’s assessment that the reduction in value of the Affected Vehicles at the time of supply resulting from the vehicles’ defective DPF Systems was 17.5%, finding that there was no basis for the Full Court to reduce the assessed reduction in value to 10%.
The High Court has remitted the Toyota class action back to the trial judge, Justice Lee, for his Honour to reassess the amount of reduction in value damages eligible group members are entitled to receive, including having regard to the time elapsed between supply and the effective fix for the defect becoming practically available and the inconvenience and cost occasioned in the meantime.
The Toyota class action has been relisted for case management by Justice Lee on 23 December 2024.
We will provide a further update following that hearing, including with respect to the likely next steps for determination of the claims of:
- eligible group members to recover reduction in value damages assessed in accordance with the High Court’s judgment;
- group members to recover damages for consequential loss suffered because of the defective DPF Systems in their Affected Vehicles;
- group members who have already had the 2020 Field Fix applied to their Affected Vehicle; and
- group members who acquired or have sold their Affected Vehicle on the secondary market.
Please note that we will not be responding to individual group member queries at this time. However, your query will be recorded and responded to in due course.
In the meantime, group members can continue to register their interest to receive damages 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 damages to which you may otherwise be 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.
This is not a scam.
If you are concerned about accessing this portal or registering for the distribution scheme, you can verify that this is a genuine process and obtain further information about the Toyota Class Action and distribution scheme by:
- visiting (or searching for) the matter on the Federal Court of Australia’s website (https://www.comcourts.gov.au/file/Federal/P/NSD1210/2019/actions);
- visiting the website managed by the lawyers running the Class Action, Quinn Emanuel (https://www.toyotaclassaction.com.au/); or
- visiting Toyota Australia’s website (https://www.toyota.com.au/support/dpfinformation).
It has been brought to our attention that scammers are impersonating Deloitte and are attempting to collect personal and/or confidential data. Please be advised that Deloitte will not be contacting individuals by phone asking for personal and/or confidential data. Any requests for additional information will be sent via the message function on the Group Member Portal.