Mercedes-Benz Class Action

Mercedes-Benz Class Action

The Claim

Piper Alderman has filed a class action in the Supreme Court of Victoria on instructions from Krisoula El-Helou, the plaintiff, against Mercedes-Benz Australia/Pacific Pty Ltd, and its two German parent companies, which manufactured and supplied diesel vehicles in Australia (together, Mercedes-Benz).

Ms El-Helou has commenced the proceedings on behalf of persons, referred to as ‘group members’, who acquired either new or second hand, a legal or equitable interest in a Mercedes-Benz diesel vehicle in Australia (including on hire purchase) between 1 January 2008 and 22 January 2024 (Relevant Period), which contained a “defeat device” (Affected Vehicle).

Ms El-Helou alleges that during the Relevant Period, Mercedes-Benz manufactured and supplied the Affected Vehicles to her and the group members, as a result of which the vehicles emitted pollutants in excess of the permitted regulatory levels. Ms El-Helou seeks compensation from Mercedes-Benz for losses suffered, on the basis that Mercedes-Benz misrepresented that the Affected Vehicles complied with regulatory requirements.

A further summary of the class action is available in the Group Proceeding Summary Statement accessible below.

Other Mercedes Class Action

In addition to this class action, there is currently another class action on foot against Mercedes-Benz Australia/Pacific Pty Ltd and one of its German parent companies, Mercedes-Benz Group AG, in the Supreme Court of Victoria. That class action is brought by plaintiffs Paul Wawryk and Craig Stubbings and is commenced on behalf of group members who “purchased or leased or otherwise acquired a legal interest” in certain models of Mercedes-Benz (being engine models OM 607, OM 622, OM 626, OM 640, OM 651) between 2009 and 22 November 2022.

Status of the Proceeding

The proceeding is yet to be set down for its first court listing. In the meantime, Piper Alderman is conferring with the legal representatives of the defendants and the plaintiffs in the Other Mercedes Class Action to consider resolution of the overlap between the two proceedings.

Funding

The class action is funded by an international litigation funder, Woodsford Litigation Funding 29 LLP. More details about the funding is available in the Funding Information Summary Statement accessible below.

Court Documents

1. Statement of Claim
2. Group Proceeding Summary Statement
3. Funding Information Summary Statement

Am I eligible?

You may be eligible as a group member in the class action if:

1. you acquired an interest in a Mercedes-Benz diesel vehicle;
2. you acquired the interest between 1 January 2008 and 22 January 2024; and
3. your vehicle is fitted with a “defeat device”.

Registering your details

As you may not be aware if your vehicle is fitted with a defeat device, we invite you to register for this class action if you satisfy the first two criteria above.

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

There is no upfront cost or out of pocket expense to register your interest in the class action.