A long-running class action lawsuit regarding Toyota diesel particulate filters isn’t over yet, with the car giant as well as affected owners currently appealing last year’s Federal Court ruling in the High Court of Australia.
The High Court hearing is taking place today.
The class action relates to a fault in the diesel particulate filters (DPF) fitted to 264,170 examples of the HiLux, Prado and Fortuner built between October 2015 and April 2020.
DPFs are designed to capture and burn off harmful pollutants.
In April 2022, the Federal Court of Australia found these DPFs suffered from a defect which could allow the exhaust system of models fitted with 2.4-litre (2GD-FTV) and 2.8-litre (1GD-FTV) turbo-diesel engines to become clogged, resulting in excessive white smoke and poor performance.
Toyota’s ‘1GD’ 2.8-litre turbo-diesel engine
Toyota attempted to rectify this fault between 2016 and 2018 with software updates and a retrofitted DPF burn-off button, and implemented a more substantial overhaul in 2020 vehicles.
While extended warranty coverage was offered to compensate owners, the reduction in value of the affected vehicles was initially found by the Federal Court to be 17.5 per cent of their average retail price.
This was subsequently reduced to 10 per cent by the Federal Court in March 2023 after Toyota filed an appeal, though it’s still estimated the payout to affected owners in the class action could total $1.3 billion.
You can read more about what has previously transpired in the class action lawsuit here.
Both Toyota and the owners in the class action lawsuit – the latter represented by Gilbert + Tobin – are appealing the 2023 Federal Court decision in the High Court.
It’s understood the class action members are wanting the original value reduction figure of 17.5 per cent to be reinstated.
Toyota continues to argue the DPF fault didn’t result in a continuing reduction of value for affected vehicles.
“The High Court has agreed to a full hearing that will consider the calculation of vehicle reduction-in-value damages in the DPF class action,” a Toyota Australia spokesperson told CarExpert.
“Toyota’s position is that there has been no reduction in the value of the vehicles.
“We remain committed to assisting any customer whose vehicle has experienced the DPF issue and to providing a free-of-charge remedy.
“Toyota has always sought to implement customer-focused and technically grounded measures to resolve customer concerns.
“We apologise for any inconvenience or discomfort experienced by our customers.”
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