Hyundai Group Proceeding (Class Action)

This is a group proceeding (class action) brought against Hyundai Motor Company Australia Pty Ltd (Hyundai) on behalf of persons who acquired in Australia, by purchase, exchange, lease or hire-purchase, any of the following vehicles with a Vehicle Identification Number (VIN) recorded in the relevant recall notices:

• Hyundai Tucson (model years 2015–2021), as identified in the recall notice published on 4 February 2021, and acquired before 4 February 2021;
• Hyundai Genesis G80 or G70 (model year 2018), or Genesis (model years 2014–2017), as identified in the recall notice published on 30 May 2021, and acquired before 30 May 2021;
• Hyundai Santa Fe (DM) (model years 2015–2018) or ix35 (model years 2014–2015), as identified in the recall notice published on 26 September 2022, and acquired before 26 September 2022;
• Hyundai ix35 (EL) (model years 2014–2015), as identified in the recall notice published on 7 December 2022, and acquired before 7 December 2022;
• Hyundai Veloster (FS), ix35 (LM), Accent (RM), i40 (VF), Santa Fe (DM), iMax or iLoad (TQ) (model years 2007–2015), as identified in the recall notice published on 1 August 2024, where the vehicle was first supplied to a consumer after 1 January 2011; or
• Hyundai ix35 (model years 2012–2013), as identified in the recall notice published on 28 February 2025, and acquired before 28 February 2025.

         (together, the ‘Affected Vehicles’).

The class action alleges that Hyundai manufactured and sold defective vehicles in Australia between 2009 and 2024 and, in doing so, failed to comply with the guarantee of acceptable quality within the meaning of the Australian Consumer Law. It also alleges that Hyundai made misleading representations as to the quality of those vehicles. 

It is claimed that during the relevant period, each Affected Vehicle contained, or was part of a model line that contained a defect in the Anti-Lock Braking System (ABS) which made it vulnerable to moisture damage and could cause short-circuiting and engine compartment fires. The Affected Vehicles were the subject of various recall notices issued by Hyundai between 4 February 2021 and 28 February 2025 (depending on the vehicle model).

Initially, four overlapping group proceedings were brought on behalf of group members against Hyundai and Kia Australia Pty Ltd (Kia), being: 

• Samantha Jane Edwards v Hyundai (S ECI 2023 04365); and
• David John Sims v Kia (S ECI 2023 04370),

         (collectively, the ‘Edwards and Sims Proceedings’); and

• Anne-Maree Johnston v Hyundai (S ECI 2022 05424); and
• Jane Victoria Moroney v Kia (S ECI 2023 00959),

         (collectively, the ‘Johnston and Moroney Proceedings’).

On 8 August 2025, the Honourable Justice Osborne ordered that the Edwards and Sims Proceedings be permanently stayed, and the Johnston and Moroney Proceedings continue. 

This group proceeding is related to, and is being case managed together with, Jane Victoria Moroney v Kia Australia Pty Ltd (S ECI 2023 00959), which concerns claims regarding alleged ABS defects in affected Kia vehicles.