A law firm handling class action suits against Volkswagen Group Australia and Audi Australia has issued formal notice that the lead plaintiffs will be seeking a full refund of their vehicle purchase price under Australian consumer law.
Bannister Law has also added a discovery request to determine if the latest finding from the US EPA, regarding the Volkswagen Group’s 3.0 litre V6 diesel engine being fitted with an emissions testing ‘defeat device’, applied to Australian delivered vehicles.
“Under Australian Consumer Law, aggrieved owners are required to nominate their preferred remedy, in this instance either a full refund of the purchase price or diminished value. Our lead plaintiffs are seeking a full refund,” Bannister Law said in a statement.
The two class actions under way in Australia, (one against the Volkswagen Group, and one against Audi, which operates as a separate legal entity in Australia), represent approximately 90,000 owners of vehicles fitted with Volkswagen’s EA189 diesel engine.
Volkswagen has admitted to the deceptive fitting of a software defeat device designed to detect emissions testing, and alter engine operating parameters to deliver cleaner emissions outputs.
The Volkswagen Group has since announced that it will recall some 11 million affected vehicles globally.
Earlier this week, the US Environmental Protection Agency also called into question the validity of test results from Volkswagen’s 3.0 litre diesel V6, claiming to have discovered a similar software defeat device.
Volkswagen immediately release a statement denying the use of any such device on its V6 engine.
Bannister Law this week was the first to file an official Australian class action against Volkswagen and Audi in Australia, with a hearing date for the case yet to be scheduled.