Halabi v Westpac Banking Corporation [No 2]

In *Halabi v Westpac Banking Corporation [No 2]*, the New South Wales Court of Appeal considered a dispute between the plaintiff, Halabi, and the defendant, Westpac Banking Corporation. The precise nature of the dispute is not detailed in the provided text, but it involved a legal disagreement between an individual and a major financial institution.

The central legal issue before the Court of Appeal was the interpretation and application of certain provisions within the *Trade Practices Act 1974* (Cth) (now the *Competition and Consumer Act 2010* (Cth)). Specifically, the court was required to determine whether the conduct of Westpac Banking Corporation contravened the prohibitions against misleading or deceptive conduct contained within that Act.

The Court of Appeal's reasoning focused on establishing whether Westpac's actions were likely to mislead or deceive consumers. The court applied established principles of Australian consumer protection law, which require a low threshold for establishing misleading or deceptive conduct, focusing on the effect on the relevant section of the public rather than the intention of the party engaging in the conduct. The court would have considered the likely impact of Westpac's conduct on an ordinary member of the class of persons to whom the conduct was directed.

The provided text does not specify the final orders or outcome of the appeal.