Australian Class Actions – Mitsubishi

Claim Overview

The Mitsubishi Class Action was commenced against Mitsubishi Motors Australia Limited (ACN 007 870 395) and Mitsubishi Motors Corporation (a company incorporated in Japan) (together “Mitsubishi”) in the Federal Court of Australia on 25th November 2021 on behalf of persons who acquired an affected Mitsubishi Triton Utility with Make Year 2016, 2017 or 2018 from 1 May 2015 to 25th November 2021 (the “Claim Period”). The Product Disclosure Statement (PDS) referred to below contains a list of the affected Mitsubishi Triton Utility vehicles at Annexure E (the “Affected Vehicles”).

The class action alleges that fuel consumption labels affixed to each Affected Vehicle and brochures published by Mitsubishi made several false and misleading representations about the fuel efficiency of the Affected Vehicles. The representations were false and misleading because the fuel consumption results on the labels and in the brochures were significantly lower than the fuel consumption results the Affected Vehicles would have achieved if tested properly under the relevant Australian Design Rule.

The class action also alleges that the Affected Vehicles were defective and did not comply with the statutory guarantees of acceptable quality or supply by description under the Australian Consumer Law. This is because the fuel efficiency of these vehicles diverged significantly from what was represented on the labels and in the brochures.

The class action alleges that persons who acquired Affected Vehicles during the Claim Period, have suffered loss and damage by reason of Mitsubishi’s false and misleading conduct and by reason of the fact that the Affected Vehicles did not comply with the statutory guarantees of acceptable quality or supply by description.

The class action is being funded and run as a litigation funding scheme (the “Scheme”​).

Persons who acquired one or more Affected Vehicle(s) during the Claim Period may be eligible to participate in the Scheme as an Active General Member by completing and returning the Application Form to Woodsford Australia Limited. Woodsford Australia has an Australian Financial Services Licence (AFSL) and will operate the Scheme as a ‘responsible entity’.

The lawyers engaged by the lead applicants in the class action are Bannister Law Class Actions. Bannister Law Class Actions have retained Johnson Winter & Slattery to assist them with the conduct of the claim.