An Australian Federal Court judge delivered a stern rebuke to Tesla on Friday, expressing shock at what he called the electric vehicle manufacturer’s inadequate cooperation in a major class action lawsuit.
Justice Tom Thawley questioned whether the Elon Musk-led company was treating the legal discovery process with appropriate seriousness, cautioning Tesla it could face “a really bad time” if cooperation doesn’t improve.
The sharp criticism came after attorneys representing 10,000 Australian Tesla owners reported that the U.S.-based automaker had delivered only 2,000 documents following eight months of discovery proceedings.
Brisbane law firm JGA Saddler brought the legal action, alleging Tesla deceived Australian buyers regarding phantom braking issues, actual battery range capabilities and autonomous driving features.
Tesla has maintained it does not misrepresent its vehicles’ capabilities.
During Friday’s pre-trial proceedings, JGA Saddler attorney Rebecca Jancauskas explained the case necessitates Tesla providing documentation related to engineering software, computer systems and customer complaints from international markets, but materials received so far have been insufficient.
“From what we’re getting, we can’t brief our experts,” Jancauskas informed the court. “The paucity of discovery is what’s thrown a massive spanner in the works.”
Justice Thawley stated it was reasonable to expect comprehensive documentation from Tesla, noting the company could request redaction of confidential or sensitive materials.
“I find it gobsmacking that only 2,000 documents have been produced and I wonder whether the exercise has been treated seriously,” he said.
The judge added his belief that “one would need to get into engineering drawings and reports that had been made from others, and into investigations that may or may not have been undertaken.”
Tesla’s legal representative Imtiaz Ahmed explained the defense team had manually examined approximately 100,000 documents and still needed to review roughly 75,000 more. He said the automaker had concerns about revealing confidential and sensitive information, including individual names that opposing counsel might contact.
Thawley established a July 31 deadline for Tesla to complete its discovery obligations, warning that “if it’s inadequate, you can expect a really bad time, and I will get into what’s gone on and whether it’s been done appropriately.”
The judge set September 1 for the next case management hearing.
