Australian judge orders Volkswagen to explain why emissions “defeat devices” were installed in their cars

A federal court judge in Australia has reportedly condemned Volkswagen for giving what they deemed as insufficient answers as to why they decided to install so-called “defeat devices” into cars before selling them all over the world.

The Judge also wanted company executives to expect to be called into Court to offer an explanation.

The Australian Competition and Consumer Commission (ACCC) and law firms are currently suing Volkswagen for selling thousands of cars containing the alleged devices, with some 100,000 owners bringing claims against the major automaker in Australia.

Hard stance taken in Australian court

Inside the Sydney Federal Court, the Judge said that Volkswagen’s previous answers were insufficient. In the attempt to get to the “heart of the case”, the Judge reportedly demanded that legal team representing Volkswagen give a proper explanation under oath.

The judge said to Volkswagen’s lawyers:

“.. there is a reason why this was done that your client has to answer… If there is some legitimate engineering reason, let’s hear it.”

Ruth Higgins SC, the barrister instructed by Volkswagen, suggested that Volkswagen in Australia didn’t know why the emissions software was implemented, alleging that they were not involved.

The Judge was not satisfied with the answer and pressed on, asking:

“…why was this done? How difficult can this be? Why was it done in the first place? Why at all?”

Two weeks to answer questions

Volkswagen has been given two weeks to properly address and answer the Judge’s questions. However, VW’s barrister maintains that the judge’s questions have been answered, and denied assertions that “plenty of people” in senior positions must have known what was going on as they would have had to research, create and install the illegal software.

The same judge also asked Volkswagen, Audi and Skoda whether the “defeat devices” installed in hundreds of thousands of cars in Australia, the U.S. and Europe were all the same. Skoda and Audi reportedly ignored the court order and didn’t provide an answer.

The Judge is understandably unimpressed with the lack of real answers, saying:

“…they simply cannot do this. It’s not the first time and it displays an arrogance.”

Group actions around the world

An Australian group action is reportedly set to begin in March. Here in the U.K., we are representing our own group for customers in the U.K.

If you have owned or leased a Volkswagen Group car between 2009 and September 2015, you could be eligible to join our action. Our fight for justice is important because VW are trying to refuse U.K. victims their right to compensation, but we have funding and insurance to take them through the courts.

Unless VW play ball, we’re set to take them all the way!

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