Nand v Fuji Xerox Australia Pty Limited

The applicant, Mr Nand, brought proceedings against the respondent, Fuji Xerox Australia Pty Limited, in the Federal Court of Australia. Mr Nand alleged that Fuji Xerox had engaged in misleading and deceptive conduct in contravention of section 52 of the *Trade Practices Act 1974* (Cth) (now section 18 of the *Australian Consumer Law*). The dispute concerned representations made by Fuji Xerox regarding the capabilities and performance of a photocopier machine purchased by Mr Nand.

The central legal issue before the Court was whether Fuji Xerox had made representations that were misleading or deceptive, or likely to mislead or deceive, concerning the photocopier's ability to perform certain functions, specifically its ability to scan documents to email and its overall speed and reliability. Mr Nand contended that these representations induced him to purchase the machine, which subsequently failed to meet the advertised standards.

Judge Raphael found that Fuji Xerox had engaged in misleading and deceptive conduct. The Court reasoned that the representations made by Fuji Xerox's sales representatives, particularly regarding the scanning to email function and the machine's speed, were not supported by the evidence of the machine's actual performance. The Court applied the principles established in cases concerning misleading and deceptive conduct, focusing on whether the representations, viewed objectively, were likely to mislead a reasonable consumer in the position of Mr Nand. The Court concluded that the representations were indeed misleading, as they created an impression about the machine's capabilities that was not accurate.

The Court ordered that Fuji Xerox pay damages to Mr Nand, the amount of which was to be determined at a later stage.