This is a group proceeding (class action) brought on behalf of persons who acquired an equitable or legal interest in a Mercedez-Benz diesel vehicle in Australia (including on hire purchase) that contained a ‘defeat device’, between 1 January 2008 and 22 January 2024.
The class action alleges that Mercedes-Benz manufactured and supplied vehicles that were fitted with ‘defeat devices’, which caused the vehicles to emit pollutants that were above the permitted regulatory levels. The plaintiff and group members seek compensation from the defendants, claiming that Mercedez-Benz misrepresented that its vehicles met the relevant standards.
Initially, two overlapping group proceedings were brought on behalf of group members against the defendants, being:
- A proceeding commenced by Paul Wawryk and Craig Stubbings (S ECI 2022 04768) (‘Wawryk proceeding’); and
- A proceeding commenced by Krisoula El-Helou (S ECI 2024 00234) (‘El-Helou proceeding’)
On 21 October 2024, the Honourable Justice Nichols ordered that the Wawryk proceeding be permanently stayed and that that the El-Helou proceeding continue.
Defence to the Further Amended Statement of Claim filed by the Defendant on 25 July 2025 in the Mercedes-Benz Group Proceeding (Class Action)
Further Amended Statement of Claim filed by the Plaintiff on 16 May 2025 in the Mercedes-Benz Group Proceeding (Class Action)
Multiplicity Orders of Nichols J made on 21 October 2024 in the Mercedes-Benz Group Proceeding (Class Action)
Funding Information Summary Statement filed by the Plaintiff on 22 January 2024 in the Mercedes-Benz Group Proceeding (Class Action)
Group Proceeding Summary Statement filed by the Plaintiff on 22 January 2024 in the Mercedes-Benz Group Proceeding (Class Action)