A judge will not allow a law firm that stepped in to lead class actions against Hyundai and Kia to amend its funding proposal to seek a group costs order ahead of a carriage fight, even though its proposal would have led to greater returns for group members.
A Melbourne car dealer has largely lost a consumer law case against Honda Australia over its decision to abandon a dealership model, but is set to receive compensation for over 2,600 new vehicles it could have sold if Honda hadn’t ended its five-year contract early.
While it was unfair for a judge to pick Gilbert + Tobin to run a class action against Jaguar Land Rover on the condition that it lower its funding rate, the judge was entitled to consider the law firm’s experience in a similar case against Toyota, an appeals court has said in its reasons.
A class action against Toyota alleging it installed diesel defeat devices in several models of its vehicles has lost a bid to access source code for the cars’ emissions control systems, with a judge finding it was not relevant to any current fact in issue.
A decision awarding carriage to Gilbert + Tobin in a class action against Jaguar Land Rover on the condition that it lower its funding rate lacked procedural fairness, the Full Court has found, prompting the firm to team up with its competitor to run the case.
Isuzu and Mazda are facing a class action investigation over alleged ‘bump steer’ defects in three popular car models.
The plaintiffs in two competing class actions against Mercedes-Benz over alleged defeat devices designed to cheat regulatory emissions tests have agreed to temporarily stay the first-filed proceeding so that one filed over a year later can go ahead, a court has heard.
A judge who tossed a $650 million lawsuit by dealers against Mercedes-Benz has said he rejected a “value-laden” take by other judges on what amounts to unconscionable conduct, avoiding what he mockingly described as “putatively profound” propositions “dollied up in prettified prose”.
Law firm HWL Ebsworth has successfully appealed a decision finding that its negligent advice over property in Paramatta’s ‘Auto Alley’ cost a client $2 million, with an appeals court finding the commercial opportunity lost by the client had no value.
A judge has set aside subpoenas in a class action against Mercedes-Benz over alleged emissions cheating seeking material to identify group members and clarify the composition of the class, finding they were not issued for a legitimate forensic purpose.