Toyota appeals Federal Court ruling as registration opens for dodgy DPF compensation
If you've been screwed over at your Toyota dealership long enough, due to that dodgy 2.8 DPF in your Hilux, Fortuna or Prado - rejoice. It's payback day.
On the 20th of June, 2022, the Toyota 2.8 DPF compensation floodgates officially opened, or at least the process has started, whereby more than 260,000 people like you, are given the chance to finally end the torment with your Toyota.
If you are one of the misfortunate, perhaps even loyal, Toyota consumers who were epically dudded by the King of Mediocrity’s dodgy DPFs - now is the time to get some sweet recompense.
Toyota Australia's $2 billion Problem just got worse; those dodgy DPFs won't go away >>
Toyota Australia is looking at a class action worth, potentially, $10,500 per vehicle, at 260,000 units/consumers, including damages, on average (reduction in value by virtue of being mistreated in this way) equals 2.7 billion Australian dollars.
I do believe that’s a record - well done, Toyota Australia, even beating Ford with its PowerShit dual-clutch >>. Largest compensation payout for misleading and deceptive bastardry in all Australian consumer history, not just cars. Oh what a feeling. I bet head office is cranky.
For the full uplifting backstory on this saga, here’s how the class action kicked off: Toyota Australia's $2 billion Problem: The Dodgy DPFs Won't go Away >>.
Now, I would not want to be Toyota Australia CEO and Presidente Matthew Callachor these days. Any day, actually, but especially right now. Is it just me, or is that smile somewhat forced?
Anywho, Mr Callachor is Chair of the FCAI - a sort of manager for Tony Weber and the Spice Girls when they’re, you know, working. He’s probably got an office close to Parliament, in Canberra. But remember, the DPF drama all started way back when now-former Holden stand-in managing director Dave Buttner was running the shop. Remember Dave Buttner here >>
Imagine the conference calls, back to Japan, for Mr Callachor. Not too many civilised greetings down the line, I suspect. Lots of abject apology and dishonour instead. Possible self-sacrifice, potential falling on swords etc.
I imagine the proper full-size Toyota bosses are asking questions to the effect of, ‘Did you even consider not ripping on 260,000 customers ? Just for a second?’ So repetitive, the corporate world.
Back in April, the Federal Court found that Toyota were misleading and deceptive, as a consequence of selling the vehicles, knowing they were potentially defective shitboxes with a serious design flaw all along. Oops-a-daisy. You’re really not supposed to do that.
The court actually found Toyota’s corporate character was misleading and deceptive, which is unheard of in regards to Australia’s precious Toyota. Companies can’t sue for defamation in any case, by the way, and good luck meeting the standard of proof for injurious falsehood.
So, to be eligible for compensation you have to register at the ‘I’ve been bent over by Toyota’ online portal, which is run by Gilbert plus Tobin Lawyers and underwritten, it seems, by some faceless mob of rich seemingly self-important somebodies called Balance Legal Capital.
(Class actions are big business, in my view. With these things, there’s always a clutch of cunning lawyers in $5000 Hugo Boss suits milking the cow, trying to cloak it all in the language of virtue - personal opinion.)
Matt Mackenzie, he’s one of the cunning suits at Gilbert-plus-Thingo. They do love it when someone thinks they sound interesting enough to speak publicly, lawyers.
Mackenzie again there, milking it. It is ballsy trying to predict that future, even more so trying to hype it up. But that’s what you need to do in order to get more people to get in on the action - literally.
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The Public Versus Advertising Juggernaut, Toyota
But, unfortunately, Toyota thinks it has grounds for an appeal.
Official corporate words from the King of Mediocrity. What a bold roll of the dice.
Now, far be it from me to speculate contemptuously on the outcome of said lawyerly appeal. I trust a full bench of men in wigs and long black dresses to get this kind of determination correct. And you should too. It’s what they do, however imperfectly you may feel.
But I feel a few conclusions can be safely drawn at this stage. I’m no lawyer, but this point of Toyota’s appeal appears to be: ‘If we are knowingly misleading and deceptive and your vehicle does not defecate in its exhaust system, then we think we should get away with it.’ Perhaps I’m missing something.
I guess that at least settles the old argument about the tree falling in the forest and not making a sound in the absence of witnesses. Thanks for that.
They also seem prepared to throw 260,000 customers under the bus in the name of money. It seems to be implicit in an appeal such as this. That’s a little bit different to the company’s position when you’re a potential customer, don’t you think? This stance seems somewhat arrogant, even for Toyota.
And here’s the last dalliance with the die: Imagine if they lose. That would mean, hypothetically, the highest court in the land declares Toyota, once and for all to know - on record - to be a misleading, deceptive, anti-consumer brand. Not the kind of thing I’d want on my resume, in a market drowning in choice. Australia’s precious Toyota.
Imagine the goodwill if Toyota Australia just owned the DPF problem, compensated you, and fixed the underlying fault at their own cost.
There would be another big round of negative publicity. Their epic commitment to R&D failure and then sweeping this stuff-up under the rug until that became untenable - all hilariously re-oxygenated (just as Volkswagen did, losing its Dieselgate appeal in High Court >>). Perhaps even that disgraceful letter to Berrimah Diesel. It’s all a bit Top Gun: Maverick. I’d want to see it again.
I do hope Mr Callachor has had a meeting with the lawyers about doubling down and potentially losing. I hope the faceless decision-makers in Japan are on board. Otherwise it’ll all be a bit embarrassing, I suspect.
Imagine is Toyota Australia had chosen to just put 260,000 cheques in envelopes and get the intern licking the stamps. Big Callachor might have had to order in some fresh Biros for scribbling his signature on, as he made seemingly genuine correspondence with the victims. Imagine writing that. The heartfelt apology. The shame. The burden. The emotional toll.
CEO-says-sorry burnout is an insidious boardroom condition. Ordinary people misunderstand how much these chief executives and managing directors care about you. Electricity retailers, oil companies, motor vehicle manufacturers - hearts of gold, at the top. That’s my experience, anyway.
I do hope Mr Callachor has had a meeting with the lawyers about doubling down and potentially losing. I hope the faceless decision-makers in Japan are on board. Otherwise it’ll all be a bit embarrassing, I suspect.
Imagine is Toyota Australia had chosen to just put 260,000 cheques in envelopes and get the intern licking the stamps. Big Callachor might have had to order in some fresh Biros for scribbling his signature on, as he made seemingly genuine correspondence with the victims. Imagine writing that. The heartfelt apology. The shame. The burden. The emotional toll.
CEO-says-sorry burnout is an insidious boardroom condition. Ordinary people misunderstand how much these chief executives and managing directors care about you. Electricity retailers, oil companies, motor vehicle manufacturers - hearts of gold, at the top. That’s my experience, anyway.
Here’s the link to register for compensation with Gilbert Plus Tobin Lawyers >>. If you don’t register, you don’t get compensated - pretty simple proposition. M-squared says (but not in precisely these words) that Toyota’s legal appeal consumer bastardy thingo could delay opening the compensatory floodgates by something like 12 months.
I don’t get that: How long it takes courts to get their shit together. Like, it’s not as if they have to decide which dress goes with which wig. It’s always the blonde wig with the black flowing number. Maybe it’s more of a ‘shoes and lippy’ thing. How would I know. I’m told the Christmas parties are awesome. I think they all wear red shoes, like the Pope. It’s what I heard.
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