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Case update
Maurice Blackburn is acting on behalf of the McCoy plaintiff in a class action against Hino. There was a separate and overlapping class action that had been commenced for another plaintiff and law firm called the Maglio proceeding. Due to the overlapping factual and legal issues between both proceedings, a carriage contest was heard by the Supreme Court of Victoria to determine which of the two proceedings should be allowed to continue and represent group members.
On 15 December 2023, following the carriage contest hearing, the Honourable Justice Osborne decided that the Maurice Blackburn-led McCoy proceeding should continue, and that the competing Maglio proceeding should be permanently stayed. In summary, His Honour concluded that this course was in the best interests of group members for three main reasons:
- There is a substantial difference in the relative expertise and experience of the respective law firms in the two actions. The greater expertise and experience of Maurice Blackburn in class actions, including those the subject of these competing class actions, is a factor which is strongly supportive of the view that the best interests of the group favour carriage being given to the McCoy proceeding;
- the funding terms offered in the McCoy proceeding are superior to those that were advanced in the Maglio proceeding; and
- there was an absence of appropriate evidence about the capacity of the law firm in the Maglio proceeding to conduct the proceedings and to meet any adverse costs order which may be made. By contrast, there was evidence that Maurice Blackburn and Fortress (ex-Vannin) had the capacity to fund the McCoy proceeding.
Justice Osborne’s judgment can be accessed here. The Maglio Plaintiffs filed an appeal application but subsequently abandoned their appeal in late July 2024. Consequently, the Maurice Blackburn-led McCoy proceeding is the only class action that is continuing against Hino in relation to misreporting and misrepresenting the fuel efficiency and emissions performance of certain Hino diesel vehicles.
The parties are now working to progress the substantive proceeding.
Group Costs Order
On 15 December 2023, Justice Osborne made orders in respect of a group costs order (GCO). A GCO is an order of the Court in which the legal costs payable to the law practice representing the lead plaintiff and the group members are calculated as a percentage of the amount of any award or settlement. In the event of a successful outcome, the legal costs payable to Maurice Blackburn will be calculated in accordance with the GCO and subject to further orders by the Court. The GCO ordered by the Court can be found under the ‘Key Documents’ section of this page.
For further important information regarding costs, please refer to the ‘Funding Information Summary Statement’ located under the ‘Key Documents’ section of this page.
Are you a group member?
The class action is on behalf of persons who, by 17 April 2023 have purchased, leased or otherwise acquired an interest in Australia in a Hino branded vehicle fitted with a diesel engine that was manufactured during the period from 1 January 2003 to 22 August 2022.
You are still eligible to register if you have since sold your Hino vehicle or the vehicle has been written off. If you are unsure if your vehicle is eligible, please contact us using the information below.
What is the claim about?
On 4 March 2022, in a press release, Hino admitted that it had falsified engine performance data in applications for vehicle certification in Japan as far back as 2016.
On 11 March 2022, Hino announced that a Special Investigation Committee, composed of outside experts, would be commissioned to investigate the issue, and, on 2 August 2022, Hino published the Committee’s findings. The Committee concluded that Hino had misreported the engine performance of various diesel vehicles from as far back as 2003.
An investigation by the Japanese Ministry of Land, Infrastructure, Transport and Tourism (MLIT) then revealed that misconduct had also related to a light-duty engine produced by Hino. This additional finding was published by Hino in a press release on 22 August 2022.
The class action seeks compensation on behalf of group members with affected vehicles who suffered loss and damage, resulting from Hino’s alleged misconduct and breaches of Australian consumer laws.
You can still register for the class action if:
- you have sold the vehicle; or
- the vehicle has been written off.
If you purchased or leased more than 10 Hino diesel vehicles during the relevant claim period, please contact Maurice Blackburn directly instead to register your interest:
Email: Hino@mauriceblackburn.com.au
Phone: 1800 161 343
Frequently asked questions
Hino branded vehicles fitted with a diesel engine that were manufactured during the period from 1 January 2003 to 22 August 2022 are included in the class action.
Yes, you can still register despite whether you still own your Hino vehicle. Although we do not require it at this time, please retain any ownership and/or proof of sale documentation.
Yes, you can still register despite whether your vehicle has been written off. Although we do not require it at this time, please retain any ownership and/or proof of sale documentation.
It is difficult at such an early stage to predict how much you can ultimately recover as a result of losses that may have been suffered in relation to the alleged misconduct. However, we will be seeking the maximum recovery available under the law.
Signing up to this class action will not expose you to any upfront costs. All costs in the proceeding will be borne by Maurice Blackburn unless and until there is a successful outcome. In the event of a successful outcome, any costs payable by Maurice Blackburn will be deducted from, and will not exceed, any compensation you are entitled to receive. All such costs are required to be considered and approved by the Court.
Nothing.
As a member of the class (and not the Representative Plaintiff, in whose name the case has been brought), an adverse costs order may not be made directly against you in respect of the determination of the common issues in the class action. Unless and until there is a successful outcome, all costs will be borne by Maurice Blackburn.
Maurice Blackburn is Australia’s leading class actions law firm with an unparalleled record of helping our clients secure the nations’ largest class actions recoveries, totalling over $3.7 billion since 1998.
Australian leaders in class actions.
Our reputation for excellence in class actions is unparalleled, having recovered more than $4.3 billion for clients.
We are the only Australian class actions firm to deliver $100m+ settlements to clients in shareholder and listed securities actions, which we have done on ten occasions.
Lower cost to clients
Biggest recoveries
Most experienced
Australian leaders in class actions.
Our reputation for excellence in class actions is unparalleled, having recovered more than $4.3 billion for clients.
We are the only Australian class actions firm to deliver $100m+ settlements to clients in shareholder and listed securities actions, which we have done on ten occasions.
Lower cost to clients
Biggest recoveries
Most experienced
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