Toyota DPF Class Action – Current Status as at 6 May 2020
On 5 March 2020, 28 April 2020 and 1 May 2020, the Court made orders regarding the next steps in the Proceedings. These were made with the consent of both the Applicant and Toyota, without an appearance before the Court being required.
On 5 March 2020, the Court made orders permitting the Applicant to file an Amended Statement of Claim, which was filed on 23 April 2020. On 28 April 2020, the Court ordered Toyota to file its defence by 4 June 2020.
In our group member update dated 21 November 2019, we reported that the Court had made an order on 7 November 2019 that the parties were to reach agreement in relation to the appointment of an independent referee to deal with the technical issues in dispute in the proceedings (referred to as a ‘reference’), including the general procedure for the reference. The orders of 7 November 2019 required that the parties were to seek to agree on these matters by 6 March 2020. In the most recent orders made, this date has been extended to 12 June 2020 to allow for the Amended Statement of Claim and Toyota’s Defence to be filed.
In Group Member Update No. 2, we reported that the Court had made an order on 7 November 2019 that Toyota was to provide in two tranches, to be completed by 30 April 2020, all documents in its possession relating to the facts and issues in the case (a process known as ‘discovery’).
Toyota has provided its first and second tranche of discovery documents.
On 1 May 2020, the Court made orders extending the time for Toyota to provide four further tranches of discovery to be completed by 31 August 2020, those tranches being due by 30 April 2020, 15 June 2020, 27 July 2020 and 31 August 2020. In accordance with those orders, Toyota produced a further tranche of discovery documents on 30 April 2020.
A further case management hearing was set down by the Court for 22 June 2020, however, as a result of the COVID-19 health crisis, the Court announced on 17 March 2020 that all listings requiring in person attendance would be vacated, and special alternative arrangements would be put in place for all listings that would ordinarily require in person attendance, including the use of telephones or other remote access technology. We expect to be contacted by the Court in the coming weeks regarding this and the future conduct of the case.
Further updates will be provided in due course.
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If you would like more information regarding the class action please email: [email protected].