ACN 068 691 092 Pty Ltd & Anor v Plan 4 Insurance Services Pty Ltd & Ors [2012] HCATrans 209

The High Court of Australia, comprising French CJ and Kiefel J, considered an application for special leave to appeal in the matter of ACN 068 691 092 Pty Ltd and another (applicants) against Plan 4 Insurance Services Pty Ltd and others (respondents). The underlying dispute concerned allegations of misleading and deceptive conduct in contravention of the *Trade Practices Act 1974* (Cth) and the *Australian Securities and Investments Commission Act 2001* (Cth).

The primary legal issue before the High Court was whether the Full Federal Court had erred in its determination that the applicants had failed to establish a sufficient causal link between the alleged contraventions and the losses they claimed to have suffered. Specifically, the court was asked to consider whether the Full Federal Court had correctly applied the principles of causation in the context of statutory claims for damages arising from misleading or deceptive conduct.

The High Court granted special leave to appeal, indicating that there were arguable grounds for review concerning the application of causation principles. The court's reasoning, as indicated by the grant of special leave, suggests a concern that the Full Federal Court may have applied an overly restrictive approach to causation, potentially overlooking the broader remedial aims of the relevant legislation. The ultimate outcome of the appeal itself is not detailed in this transcript.