Bembridge v Just Spectacles Pty Ltd

Bembridge v Just Spectacles Pty Ltd is a case in which the Supreme Court of Western Australia considered whether a poster displayed by the respondent constituted a false or misleading representation in contravention of the Fair Trading Act 1987 (WA). The poster in question displayed the phrase 'Double for Nothing' and offered a second pair of glasses free when one pair was purchased. The respondent was acquitted of the charge, but the complainant sought leave to appeal the decision. The appeal was allowed on the basis that the poster made a materially inaccurate representation, and the qualification of the offer in small print was not effective in conveying the conditions to the ordinary reader. The court found that the poster constituted a false or misleading representation concerning the existence of conditions applying to the offer. The appeal was allowed, the acquittal set aside, and a conviction substituted. The matter was remitted for consideration of the appropriate penalty.