Houghton & Anor v Immer (No 155)

The case of *Houghton & Anor v Immer (No 155)* concerned a dispute between the appellants, Houghton and another, and the respondent, Immer. The proceedings originated in the Supreme Court of New South Wales and were brought before the High Court of Australia on appeal. The core of the dispute involved allegations of misleading and deceptive conduct in contravention of the *Trade Practices Act 1974* (Cth) and the *Contracts Review Act 1980* (NSW).

The High Court was required to determine whether the conduct of the respondent constituted misleading or deceptive conduct within the meaning of the *Trade Practices Act*. Further, the Court had to consider whether the contracts entered into by the parties were unjust within the meaning of the *Contracts Review Act* and, if so, what orders should be made to remedy that injustice.

In reaching its decision, the Court analysed the nature of the representations made by the respondent and their effect on the appellants. The Court applied established principles regarding misleading and deceptive conduct, focusing on whether the representations were likely to mislead or deceive a reasonable person in the position of the appellants. Regarding the *Contracts Review Act*, the Court examined the circumstances surrounding the making of the contracts to assess whether they were unjust, considering factors such as the bargaining power of the parties and the terms of the agreements. The Court ultimately found that the respondent's conduct was misleading and deceptive and that the contracts were unjust.

Consequently, the High Court made orders setting aside the contracts and awarding damages to the appellants to compensate them for the loss suffered as a result of the respondent's conduct.