Cartwright v BlueScope Steel Limited

The applicants, Mr. Cartwright and others, brought proceedings against BlueScope Steel Limited in the Federal Court of Australia. The dispute concerned the alleged contravention of section 18 of the Australian Consumer Law (ACL), which prohibits misleading or deceptive conduct. Specifically, the applicants alleged that BlueScope made misleading representations about the fire safety of its steel products, leading them to purchase these products when they would not have done so had they been aware of the true risks.

The primary legal issue before the Full Federal Court was whether BlueScope's conduct in relation to the fire safety of its steel products constituted misleading or deceptive conduct in contravention of section 18 of the ACL. This required the court to consider the nature of the representations made, the relevant audience to whom those representations were directed, and whether those representations were likely to mislead or deceive that audience regarding the fire safety of the steel.

Bell and Gageler JJ found that BlueScope had engaged in misleading or deceptive conduct. Their Honours reasoned that BlueScope's representations, particularly those concerning the fire performance of its steel products, were likely to mislead consumers into believing that the steel offered a level of fire resistance that it did not possess. The court applied the established principles for assessing misleading or deceptive conduct under the ACL, focusing on whether the representations, viewed objectively, were capable of misleading the relevant class of consumers. The court considered the context in which the representations were made and the overall impression they conveyed.