Alirezai v ANZ Banking Group Ltd & Anor

The applicants, Alirezai and others, sought to restrain ANZ Banking Group Ltd and a second respondent from proceeding with the sale of certain properties. The applicants alleged that the respondents had breached their contractual obligations and acted in contravention of the *Trade Practices Act 1974* (Cth) (now the *Competition and Consumer Act 2010* (Cth)). The matter came before the High Court of Australia on appeal from the Full Federal Court.

The central legal issues before the High Court concerned whether the respondents had engaged in misleading or deceptive conduct in contravention of section 52 of the *Trade Practices Act 1974* (Cth), and whether there had been a breach of contract. Specifically, the court had to determine if representations made by the respondents regarding the sale of the properties were false or misleading, and if these representations induced the applicants to enter into agreements.

The High Court, comprising Kirby and Callinan JJ, considered the evidence presented regarding the communications between the parties. Their Honours found that the applicants had not established that the respondents had engaged in misleading or deceptive conduct. The court concluded that the representations made by the respondents were not false or misleading in the circumstances, and therefore, no breach of section 52 of the *Trade Practices Act 1974* (Cth) had occurred. Furthermore, the court found no basis for a breach of contract claim.

Consequently, the appeal was dismissed.