In the Green Pty Ltd v Nearmap Australia Pty Ltd

In the matter of In the Green Pty Ltd v Nearmap Australia Pty Ltd, the dispute revolved around a contract for the supply of aerial mapping services, specifically focusing on the inclusion and accessibility of solar panel data within the software provided. The case was brought before the Federal Court of Australia, where the original decision by the Australian Consumer and Competition Commission was contested. The legal issues before the court were primarily concerned with whether the respondent had breached the Australian Consumer Law (ACL) by failing to include a specific solar panel product in the software's database and whether such a breach, if found, was major and could not be remedied.

The court examined the nature and terms of the contract, the representations made by the supplier during the negotiation and post-contract, and the extent to which the consumer's expectations were met. The supplier had advised that all solar panels were noted and could be added to the software, and a demonstration mode was provided to the consumer, which included the missing panel. The consumer's argument for termination of the contract was based on the absence of a particular solar panel product from the database, despite assurances given by the supplier. The court had to determine whether these assurances constituted a breach of the ACL and, if so, whether that breach was significant enough to justify termination of the contract.

The Federal Court found that the supplier had not breached the ACL as the consumer's expectations were not unreasonably high, given the assurances and the demonstration provided. Even if a breach was found, the court held that any such breach was not significant and could be remedied. Consequently, the appeal by the consumer was dismissed, and the Tribunal's decision was upheld. The court also denied the leave to appeal, affirming the outcome of the original decision.