Matus v Australia Wide Computer Resources Pty Ltd and Anor (No.2)

In the matter of *Matus v Australia Wide Computer Resources Pty Ltd and Anor (No.2)*, heard before Judge Nicholls in the Supreme Court of Victoria, the plaintiff, Mr. Matus, sought to recover damages for alleged breaches of contract and misleading and deceptive conduct against the defendants, Australia Wide Computer Resources Pty Ltd and its director, Mr. Peter Gribble. The dispute arose from a series of agreements concerning the development and sale of computer software.

The central legal issues before the Court were whether the defendants had breached their contractual obligations to the plaintiff, and whether their conduct in relation to the software development and sale constituted misleading or deceptive conduct in contravention of the *Trade Practices Act 1974* (Cth) (now the *Competition and Consumer Act 2010* (Cth)). The Court was required to assess the evidence presented by both parties to determine the nature of the agreements, the performance of those agreements, and the alleged misrepresentations made by the defendants.

Judge Nicholls' reasoning focused on the interpretation of the contractual terms and the assessment of the defendants' conduct against the statutory prohibitions. The Court found that the defendants had failed to establish a defence to the plaintiff's claims, particularly in relation to the misleading and deceptive conduct. The Court applied established principles of contract law and consumer protection legislation, considering the objective meaning of the parties' communications and the overall circumstances of the transactions.

Ultimately, the Court found in favour of the plaintiff, Mr. Matus, and ordered that the defendants pay damages to compensate the plaintiff for the losses suffered as a result of the breaches and contraventions.