General Motors has moved to strike-out a class action over allegedly faulty transmission systems in Holden cars, arguing the plaintiff needs to plead the alleged design flaw with specificity, not just by reference to symptoms.
A judge has rejected GM’s “back door” bid for indemnity costs from the lead applicant in a failed class action over its decision to retire the Holden brand because each group member had rejected a settlement offer before the case commenced.
A judge has said he is satisfied that GM’s concerns about a class action’s “circular” explanation of alleged design flaws in certain Holden vehicles are “not trivial”.
GM has foreshadowed a strike-out application in a class action over alleged faulty transmissions in Holden vehicles, but a judge has warned he won’t “take kindly” to pleading spats.
General Motors is facing a class action over Holden vehicles allegedly fitted with faulty transmission systems over the last 13 years.
General Motors is stuck with the full costs of the applicant in a Holden dealers’ class action as part of a settlement with the dealership, despite arguing it had intended by its offer to pay the costs incurred only by the lead plaintiff itself.
General Motors could be stuck paying more costs than it bargained for after it settled with the lead plaintiff in a class action over a decision to retire the Holden brand.