Amos v Aldi Stores Supermarket Pty Ltd

The case of Amos v Aldi Stores Supermarket Pty Ltd was heard in the Queensland Civil and Administrative Tribunal (QCAT), with an appeal to the Supreme Court of Queensland. The appellant, Mr Amos, alleged that Aldi engaged in bait advertising by advertising an XL size product in their sales brochure, which was not available in the store on the day of the sale. The tribunal dismissed Mr Amos's claim, and he sought leave to appeal to the Supreme Court.

The primary legal issue was whether the supermarket's advertising constituted bait advertising, which is a misleading or deceptive practice under the Australian Consumer Law. The appeal also raised questions about the tribunal's consideration of unsworn evidence and the adequacy of the disclaimer in the sales brochure. The court had to determine if the tribunal's decision was correct and if the appeal should be allowed.

The Supreme Court held that the tribunal's decision was not in error. The court found that the XL size product was only advertised in one store and that there was limited evidence that other stores did not stock that size on the day of sale. The court also considered the market in which Aldi operated and the disclaimer in the sales brochure. The court held that the tribunal's consideration of unsworn evidence was not a ground for appeal, as it did not affect the outcome of the case. The court concluded that the failure to stock the XL size product at one store did not amount to bait advertising.

The Supreme Court refused the application for leave to appeal, upholding the tribunal's decision. The court found that the appellant had not demonstrated that the tribunal's decision was in error or that there were any grounds for appeal. The orders of the tribunal were therefore affirmed, and the appeal was dismissed.