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Australian diesel class action filed against Mercedes-Benz

by Robert Barry
November 22, 2022
in Industry News, Featured
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Australian Compensation law firm Gerard Malouf and Partners (GMP Law) has filed a class action against Mercedes-Benz in the Victorian Supreme Court.

It relates to the alleged installation of ‘defeat devices’ by Mercedes-Benz that manipulates the reading of harmful diesel gas emissions in certain diesel vehicles produced by the German company which were then sold in Australia.

GMP Law estimates that this could have affected tens of thousands of Mercedes-Benz diesel vehicles sold in Australia from 2008 to 2018. It is alleged that the defeat devices manipulate diesel engine emission levels of harmful gases, including Nitrogen Oxide (NOx), to pass regulatory testing.

Such harmful gases are associated with accelerating climate change, acid rain, and causing respiratory conditions as well as premature death and irreversible environmental damage says GMP Law.

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It says that past or present owners of affected Mercedes-Benz diesel vehicles, either new or second-hand, manufactured on or after 1 January 2008 until 31 December 2018 may be eligible members of the class action and entitled to significant damages per vehicle which could include a portion of the purchase price.

GMP Law has entered an information sharing arrangement with US class action law firm Hagens Berman Sobol Shapiro LLP (HB) in relation to this class action against Mercedes-Benz. 

HB had conducted the similar class action against Mercedes-Benz for diesel emissions in the USA, which settled in September 2020 in the amount of around $1.3 billion.

This information sharing arrangement between HB and GMP Law is a great step forward towards achieving just compensation for those consumers in Australia which have been affected by Mercedes-Benz cheat devices,” GMP Law chair Gerard Malouf says.

“Based upon the findings from the numerous international court proceedings as well as government investigations, we strongly believe Mercedes-Benz has been a serious case to answer,” he says.

“We intend to stand up for the rights of all consumers to protect their health, financial interests and the environment. 

“We will run this case at our own cost without any risk to class members and will seek a group cost order without a legal funder to ensure class members receive the absolute maximum in damages from any award or settlement,” he says.

The class action will seek damages for compensation for the loss of value of affected vehicles and punitive damages. GMP Law anticipates damages in this class action to likely to be in the hundreds of millions of dollars.

Past and present Mercedes-Benz diesel vehicle owners can register at:

https://www.dieselemissionsclaims.com.au/mercedes-class-action

Tags: Gerard Maloufdiesel class actionmercedes-benz
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Robert Barry

Robert Barry has been reporting on the Australasian automotive and transport sector since June 2003. A member of the New Zealand Motoring Writers Guild since 2005, Robert has also previously held the positions of secretary, vice-president and president. His work has appeared in newspapers, magazines, and on the web. He holds a Class 2 and a Class 4 heavy transport licence and knows his way around a manual transmission.

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