Le BAS v Shaw

The New South Wales Court of Appeal considered a dispute between the appellant, Le Bas, and the respondent, Shaw. The case concerned an appeal against a decision of the Supreme Court of New South Wales, which had dismissed the appellant's claim for damages for breach of contract and for misleading and deceptive conduct.

The primary legal issues before the Court of Appeal were whether the respondent had breached a contract with the appellant and whether the respondent had engaged in conduct that was misleading or deceptive in contravention of the *Trade Practices Act 1974* (Cth). Specifically, the court had to determine if representations made by the respondent regarding the profitability of a business opportunity were false and if the appellant had relied upon these representations to their detriment.

The Court of Appeal found that the representations made by the respondent were not mere statements of opinion or future expectation, but rather assertions of fact that were demonstrably false. The court applied the principles of contract law to determine that these misrepresentations constituted a breach of contract. Furthermore, the court held that the respondent's conduct fell within the ambit of section 52 of the *Trade Practices Act 1974*, as the representations were misleading and deceptive in the circumstances. The court concluded that the appellant had suffered loss as a result of this conduct.

The Court of Appeal allowed the appeal, set aside the orders of the Supreme Court, and remitted the matter to the Supreme Court for the assessment of damages.