Commissioner for Fair Trading, Department of Commerce v Hunter

In the matter of the Commissioner for Fair Trading, Department of Commerce versus Hunter, the court was called upon to examine the question of misleading and deceptive advertising, in direct contravention of the Fair Trading Act. The Commissioner alleged that the defendant had engaged in misleading advertising practices, which were in breach of the Act, and sought a permanent injunction against the defendant to prevent further breaches. The defendant contested the allegations, arguing that he had not authorised the publication of certain parts of the advertisements in question.

The central legal issue before the court was whether the advertisements indeed conveyed misrepresentations as claimed by the Commissioner. Additionally, the court needed to determine whether the defendant was indeed responsible for the content of the advertisements. This included examining the defendant's defence that he had no authorisation for specific parts of the advertisements. The court also had to consider whether it was appropriate to exercise its discretion under section 65 of the Fair Trading Act to grant a permanent injunction.

Upon reviewing the evidence and submissions, the court concluded that the advertisements were misleading and deceptive, as they conveyed misrepresentations to consumers. The court found that the defendant was indeed responsible for the content of the advertisements, as he had authorised their publication. The court then exercised its discretion under section 65 of the Fair Trading Act, finding it appropriate to grant a permanent injunction to prevent the defendant from engaging in similar misleading advertising practices in the future. This decision was aimed at protecting consumers and ensuring compliance with the Fair Trading Act.