Lin v Zheng

The appeal concerned alleged misleading or deceptive conduct in contravention of the Australian Consumer Law. The appellant, Ms. Lin, claimed that the respondents, Mr. and Ms. Zheng, made representations about future matters that were misleading. The matter came before the Court of Appeal of New South Wales.

The primary legal issue before the Court of Appeal was whether the respondents' representations concerning future matters were misleading or deceptive, and if so, whether this conduct contravened section 18 of the Australian Consumer Law. A secondary issue related to the appellant's application to amend her notice of appeal.

The Court of Appeal considered the nature of representations as to future matters under the Australian Consumer Law, noting that such representations are deemed misleading if the person making them does not have reasonable grounds for making them. The Court found that the evidence did not establish that the respondents lacked reasonable grounds for their representations. Consequently, the Court concluded that there was no contravention of section 18.

The Court of Appeal refused leave to amend the notice of appeal but granted leave to appeal. The appeal was ultimately dismissed, and the appellant was ordered to pay the respondents’ costs of the appeal.