Berry & Anor v CCL Secure Pty Ltd

The High Court of Australia considered an appeal concerning the interpretation of section 18 of the *Australian Consumer Law* (ACL) in *Berry & Anor v CCL Secure Pty Ltd*. The dispute arose from representations made by CCL Secure Pty Ltd regarding the security features of its banknote paper to the Reserve Bank of Australia (RBA). The appellants, who were former employees of CCL Secure, alleged that these representations were misleading and deceptive, constituting a contravention of section 18 of the ACL.

The central legal issue before the High Court was whether the representations made by CCL Secure about the security features of its banknote paper were "in trade or commerce" for the purposes of section 18 of the ACL. This required the Court to determine the scope of the phrase "in trade or commerce" and whether conduct engaged in by a company in the course of supplying goods or services to a government entity falls within this definition.

The High Court held that the representations made by CCL Secure were indeed "in trade or commerce" and therefore subject to section 18 of the ACL. The Court reasoned that the supply of goods and services, even to a government entity like the RBA, constitutes commercial activity. The nature of the transaction, involving the provision of a product with specific attributes for a price, was commercial in character, irrespective of the identity of the purchaser. The Court affirmed that section 18 is intended to protect consumers and businesses from misleading or deceptive conduct in the marketplace, and the conduct in question fell squarely within this protective ambit.

The High Court allowed the appeal, setting aside the decision of the Full Federal Court and remitting the matter to the Federal Court for determination of the remaining issues.