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Isuzu Class Action

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Isuzu Class Action

The Claim

Piper Alderman has filed a class action in the Federal Court of Australia on instructions from Geoffrey Fisher and CDR Geotechnical & Environmental Services Pty Ltd, the applicants, against Isuzu Motors Limited (Japanese Public Company Limited by Shares) (Isuzu Motors), the manufacturer of Isuzu D-Max and MU-X vehicles supplied in Australia.

The applicants have commenced the proceeding on behalf of persons, referred to as ‘group members’, who acquired and retain a legal or equitable interest (including on hire purchase) in a 2017 or later Isuzu D-Max, or a 2016 (specifically, MY16.5) or later Isuzu MU-X between 1 January 2016 and 14 August 2024 (Relevant Period) from Isuzu Ute Australia Pty Ltd (Australian Distributor) or its retailers or dealers in Australia (Affected Vehicles).

The applicants allege that the Affected Vehicles were fitted with a ‘defeat device’, and as a result the vehicles emitted nitrogen oxide pollutants in excess of the permitted regulatory levels. The applicants seek compensation, and aggravated and exemplary damages from Isuzu Motors for losses suffered, on the basis that:

  1. Isuzu Motors misrepresented that the Affected Vehicles complied with regulatory requirements;
  2. the Affected Vehicles were not of an acceptable quality in breach of statutory guarantees provided in the Australian Consumer Law; and
  3. Isuzu Motors has engaged in unconscionable conduct.

Status of the Proceeding

The proceeding was commenced on 14 August 2024 and is yet to be set down for its first Court hearing.

Funding

The class action is being funded by Woodsford, a leading global litigation funder.

The applicants have entered into a litigation funding agreement with Woodsford, which provides that Woodsford agrees to:

  1. fund the legal fees and disbursements (for example, barristers’ and experts’ fees); and
  2. indemnify the applicants in respect of any adverse costs order made against them (in the event a successful outcome is not achieved).

In the event of a successful outcome, Woodsford will be entitled to reimbursement of its funding, plus a commission, which will be subject to approval by the Court. Further, the applicants have entered into an agreement with Piper Alderman, pursuant to which Piper Alderman is entitled to recover any amount not funded by Woodsford in addition to a 25% uplift fee on its professional fees in case of a successful outcome. If there is no successful outcome, the applicants will not be asked to pay any fees and disbursements or any other costs.

Am I eligible?

You may be an eligible group member in this class action if:

  1. you acquired an interest in a 2017 or later Isuzu D-Max, and/or a 2016 (specifically, MY16.5) or later Isuzu MU-X vehicle; and
  2. you acquired the interest between 2016 and 14 August 2024.

If you are unsure if you are eligible, please contact us at +61 2 9253 3819 or [email protected].

Registering your details

If you meet the above two criteria, we invite you to register for this class action, whether or not you are experiencing any issues with your vehicle. The presence of defeat device is not generally noticeable and you may not even be aware that your vehicle is fitted with a defeat device.

There is no upfront cost or out of pocket expense to register your interest in the class action and you may in due course be entitled to compensation.

When registering and providing your vehicle details, please provide as much information as possible.

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