In a case that could have wide-ranging implications for the car industry, a law firm is suing a major manufacturer for misleading fuel usage claims.
Mitsubishi Australia is facing a class-action lawsuit for allegedly misleading fuel consumption claims for its Triton Ute.
The class action, which affected over 70,000 vehicles sold from 2016 to 2018, could have huge consequences for every car brand in the country.
Bannister Law has launched a class action against the Japanese brand in Australia’s Federal Court, alleging that the fuel consumption labels on the Triton are misleading and do not reflect Ute’s real-life fuel consumption.
The lawsuit has major implications for the industry as Triton’s fuel consumption claim is based on laboratory testing mandated by the federal government under Australian design rules for vehicles.
Industry data argue that by following the Australian design rule, each carmaker is leaving itself in a lawsuit because laboratory testing does not give accurate estimates of real-world fuel consumption.
It also does not address the various driving styles and other variables that affect fuel consumption, including traffic, tire pressure, airconditioning usage and fuel choices.
In the case of utes, this is also affected by the weight of the load in the tray.
The class action stemmed from a 2019 decision by the Victorian Civil and Administrative Tribunal (VCAT), which ordered a Mitsubishi Triton owner to pay $39,500 after it was found that the fuel usage sticker did not affect the vehicle’s fuel consumption. False claims were made about
Mitsubishi appealed the decision to the Victorian Supreme Court, and the court reversed two of the three decisions. Mitsubishi plans to appeal the third ruling relating to deceptive and deceptive conduct.
Bannister Law alleges that the fuel consumption label figure is significantly less than the vehicle’s real-world consumption.
Bannister’s class action alleges: “The vehicles affected were defective and did not comply with a statutory guarantee of quality or supply as permitted by description under Australian consumer law.
“And those who have acquired the affected vehicles during the claim period have suffered loss and damage due to Mitsubishi’s false and deceptive conduct and due to the fact that the affected vehicle does not comply with the statutory guarantee of acceptable quality or supply by description.” We do.”
A Mitsubishi statement said: “Mitsubishi Motors believes the matter is without foundation, and will respond accordingly.”
“Importantly, Mitsubishi Motors has full confidence in the accuracy of its fuel consumption test, which is conducted in an accredited laboratory. There are very specific government regulations that govern how this test is performed and how the results are displayed on the fuel consumption labels of all new vehicles, which Mitsubishi is fully compliant with,” Mitsubishi said.
Bannister Law is asking affected owners to sign up for class action.