Commissioner for Fair Trading v Tschannen

The case of Commissioner for Fair Trading v Tschannen involved the Commissioner for Fair Trading taking action against Tschannen for breaches of the Australian Consumer Law. The dispute centred on whether Tschannen's advertising of a holiday package was misleading or deceptive. The matter was heard in the Supreme Court of New South Wales. The Commissioner alleged that Tschannen had engaged in misleading and deceptive conduct by representing that a holiday package included certain features and benefits which were not, in fact, part of the package.

The central legal issue before the court was whether Tschannen's advertising could be considered misleading or deceptive under the Australian Consumer Law. The court had to assess the overall impression created by the advertising and whether it was likely to mislead or deceive a reasonable person. The court also considered whether there were any mitigating factors or disclaimers that could affect the interpretation of the advertising material.

The court found that Tschannen's advertising did create a misleading and deceptive impression regarding the inclusion of certain features and benefits in the holiday package. The court noted that the overall presentation of the advertising was such that a reasonable consumer would be misled to believe these extras were included. The court held that Tschannen was in breach of the Australian Consumer Law. In terms of costs, the court declined to award any costs against Tschannen, stating that there was no question of principle involved in the case.