Johnson v Leader Computers Pty Ltd as Trustee for the Leader Computer Wholesale Trust; Johnson v Synnex Australia Pty Ltd

The applicants, Mr and Mrs Johnson, brought proceedings against Leader Computers Pty Ltd as Trustee for the Leader Computer Wholesale Trust and Synnex Australia Pty Ltd. The dispute concerned alleged breaches of contract and misleading and deceptive conduct in relation to the supply of computer equipment. The matter was heard in the High Court of Australia.

The primary legal issue before the High Court was whether the applicants had established a breach of contract by Leader Computers and whether Synnex Australia had engaged in misleading or deceptive conduct in contravention of the *Trade Practices Act 1974* (Cth) (now the *Competition and Consumer Act 2010* (Cth)). Specifically, the court considered the interpretation of contractual terms relating to delivery and payment, and the nature of representations made by Synnex Australia concerning the availability and delivery of goods.

The High Court determined that the applicants had not established a breach of contract by Leader Computers, finding that the terms of the agreement did not impose an absolute obligation to deliver within a specified timeframe. Regarding Synnex Australia, the court found that while representations were made, they did not amount to misleading or deceptive conduct under the *Trade Practices Act*. The court applied principles of contractual interpretation and the established tests for misleading or deceptive conduct, focusing on whether the representations were likely to mislead a reasonable consumer in the circumstances.

The High Court dismissed the applicants' appeal.