Jacobsen v Rogers

In *Jacobsen v Rogers*, the High Court of Australia considered a dispute between the appellant, Jacobsen, and the respondent, Rogers. The case concerned the interpretation and application of the *Trade Practices Act 1974* (Cth) (now the *Competition and Consumer Act 2010* (Cth)), specifically in relation to misleading or deceptive conduct.

The central legal issues before the High Court were whether the respondent had engaged in conduct that was misleading or deceptive, or likely to mislead or deceive, in contravention of section 52 of the *Trade Practices Act 1974* (Cth). This involved determining whether the respondent's representations about the appellant's business were false or likely to create a false impression in the minds of consumers.

The High Court's reasoning focused on the objective test for misleading or deceptive conduct. The Court held that the relevant question was not whether the respondent intended to mislead, but whether the conduct, viewed objectively, had the capacity to mislead a significant number of ordinary members of the class of persons to whom it was directed. The Court examined the precise wording of the representations made by the respondent and considered the context in which they were communicated to determine their likely effect on the target audience. The principles applied underscored the broad protective purpose of section 52, which aims to prevent consumers from being misled by commercial conduct.

The High Court allowed the appeal, finding that the respondent's conduct had contravened section 52 of the *Trade Practices Act 1974* (Cth). The Court remitted the matter to the Federal Court of Australia for further consideration of the appropriate remedies.