IGS v JLL and Anor M80/1998

The case of *IGS v JLL and Anor* concerned a dispute between IGS, the appellant, and JLL and another party, the respondents. The proceedings originated in the Supreme Court of New South Wales and were appealed to the High Court of Australia. The core of the dispute involved allegations of misleading and deceptive conduct under the *Trade Practices Act 1974* (Cth) and related common law claims.

The High Court was required to determine whether the conduct of the respondents constituted misleading or deceptive conduct in contravention of section 52 of the *Trade Practices Act 1974*. Further, the court had to consider whether the appellant had suffered loss or damage as a result of such conduct, and if so, the appropriate measure of damages. The appeal also raised questions regarding the interpretation of contractual provisions and the application of common law principles of misrepresentation.

In its reasoning, the High Court analysed the evidence presented to determine whether the representations made by the respondents were, in fact, misleading or deceptive in the circumstances. The court applied established principles concerning the objective test for misleading conduct, considering the likely effect of the representations on a reasonable member of the target audience. The court also examined the causal link between the alleged misleading conduct and the appellant's loss, considering whether the loss was a foreseeable consequence of the conduct. The court's decision ultimately turned on its findings of fact regarding the nature of the representations and their impact.