Gina Boon v Jolly Swagmen Pty Limited

In the matter of *Gina Boon v Jolly Swagmen Pty Limited*, the applicant, Gina Boon, sought to have a contract declared void and unenforceable. The respondent, Jolly Swagmen Pty Limited, opposed this application. The case was heard before Purvis-Smith J in the Supreme Court of Queensland.

The central legal issue before the Court was whether the contract between the parties was void for illegality, specifically due to a contravention of section 18 of the *Australian Consumer Law* (ACL). The applicant argued that the respondent engaged in misleading or deceptive conduct in contravention of section 18 of the ACL, rendering the contract void.

Purvis-Smith J considered the nature of the alleged misleading conduct and its connection to the formation of the contract. The Court examined whether the conduct, if proven, was so fundamentally intertwined with the contractual agreement that it vitiated the contract entirely. The judge applied principles relating to the consequences of contravening the ACL, particularly concerning the enforceability of contracts formed as a result of such contraventions. The Court noted that while contravention of section 18 of the ACL can lead to various remedies, including damages and injunctions, it does not automatically render a contract void. The illegality must be of a nature that strikes at the root of the contract itself, making it contrary to public policy or statutory prohibition.

The Court ultimately found that the conduct complained of, while potentially constituting a contravention of section 18 of the ACL, did not render the contract void ab initio. Accordingly, the application to have the contract declared void was dismissed.