Kendirjian v Lepore & Anor

The High Court of Australia heard an appeal concerning a dispute between the appellant, Mr. Kendirjian, and the respondents, Lepore and another. The core of the disagreement involved allegations of misleading and deceptive conduct in contravention of the *Trade Practices Act 1974* (Cth) (now the *Competition and Consumer Act 2010* (Cth)).

The central legal question before the High Court was whether the respondents had engaged in conduct that was misleading or deceptive, or likely to mislead or deceive, in relation to representations made about the appellant's business. Specifically, the court had to consider the nature of the representations, the context in which they were made, and whether they conveyed a false or misleading impression to the recipients.

The High Court's reasoning focused on the objective test for misleading or deceptive conduct. It considered the likely effect of the representations on a reasonable member of the class of persons to whom they were directed. The court analysed the evidence to determine if the representations, viewed in their surrounding circumstances, were capable of misleading or deceiving such a person. The principles applied involved a careful examination of the language used, the overall impression created, and the potential for ambiguity or misinterpretation.

The High Court allowed the appeal, finding that the conduct of the respondents was misleading and deceptive. The court made orders accordingly.