ANZ Banking Group Limited v Guijar

ANZ Banking Group Limited (ANZ) and Mr. Guijar were the parties in this matter before the Federal Court of Australia. The dispute concerned allegations by Mr. Guijar that ANZ had engaged in misleading or deceptive conduct in contravention of section 18 of the Australian Consumer Law (ACL), and that ANZ had breached its contractual obligations to him. Mr. Guijar sought damages for losses he alleged were caused by ANZ's conduct.

The primary legal issues before the Court were whether ANZ had engaged in misleading or deceptive conduct by representing that a particular loan facility was a "fixed rate loan" when it was not, and whether ANZ had breached its contractual obligations by failing to provide the loan facility as represented. The Court was also required to determine whether Mr. Guijar had suffered loss or damage as a result of any contravening conduct or breach of contract.

Judge Raphael found that ANZ's conduct in representing the loan facility as a "fixed rate loan" was misleading and deceptive, as the interest rate was subject to change under certain circumstances not clearly communicated to Mr. Guijar. The Court applied the principles of section 18 of the ACL, focusing on whether the conduct, viewed objectively, was capable of misleading or deceiving a reasonable person in the position of Mr. Guijar. Furthermore, the Court determined that ANZ had breached its contractual obligations by failing to provide the loan facility in accordance with the representations made. The Court concluded that Mr. Guijar had established that he suffered loss and damage as a direct consequence of ANZ's misleading conduct and contractual breaches.