Midland Metals Overseas Pte Ltd v Australian Cablemakers Association Ltd

Midland Metals Overseas Pte Ltd appealed to the Court of Appeal of New South Wales against an order striking out one of thirteen allegations of misleading and deceptive conduct made against the Australian Cablemakers Association Ltd. The dispute concerned representations contained within written communications.

The primary legal issue before the Court of Appeal was whether an implied representation, alleged to have been conveyed by the context of written communications, was capable of being pleaded as a distinct cause of action for misleading and deceptive conduct under the Australian Consumer Law.

The Court of Appeal allowed the appeal, finding that the primary judge erred in striking out the allegation. The Court reasoned that a representation does not need to be express to be misleading or deceptive; it can be implied by the surrounding circumstances and the manner in which it is conveyed. The Court held that the context in which the communication was made was crucial in determining whether a representation, express or implied, was conveyed and whether it was misleading or deceptive. The Court granted leave to amend the Commercial List Statement to include the impugned representation.