Fister & Anor v King & Anor

The High Court of Australia heard an appeal concerning a dispute between the Fisters (appellants) and King & Anor (respondents). The core of the disagreement revolved around the respondents' claim for damages arising from alleged breaches of contract and misleading or deceptive conduct by the appellants in relation to a property development.

The High Court was required to determine whether the primary judge had erred in finding that the appellants had breached their contractual obligations and engaged in misleading or deceptive conduct. Specifically, the court considered whether the appellants had failed to deliver the property in accordance with the contract and whether representations made about the property's completion and features constituted misleading or deceptive conduct under the Australian Consumer Law.

In its reasoning, the High Court analysed the terms of the contract and the evidence presented regarding the state of the property at the time of completion. The court applied principles of contract law concerning the essential terms of an agreement and the standard of performance required. Furthermore, the court considered the elements of misleading or deceptive conduct, focusing on whether the representations made by the appellants were factually inaccurate or likely to mislead a reasonable consumer in the circumstances. The court found that the primary judge had correctly identified breaches of contract and misleading or deceptive conduct.

The High Court dismissed the appeal, upholding the decision of the primary judge and affirming the respondents' entitlement to damages.