Pettet v Readiskill LMT & Anor

The parties to this proceeding were the plaintiff, Mr. Pettet, and the defendants, Readiskill LMT and an unnamed second defendant. Mr. Pettet brought an action against the defendants, alleging that they had engaged in conduct that constituted a contravention of the *Trade Practices Act 1974* (Cth) (now the *Competition and Consumer Act 2010* (Cth)). The case was heard by McHugh and Hayne JJ of the High Court of Australia.

The central legal issue before the High Court was whether the conduct of the defendants, in relation to the plaintiff's business, amounted to a contravention of section 52 of the *Trade Practices Act 1974* (Cth). Specifically, the court had to determine if the defendants had engaged in misleading or deceptive conduct in trade or commerce, and if so, whether this conduct had caused loss or damage to the plaintiff.

The High Court considered the nature of the representations made by the defendants and their impact on Mr. Pettet. The court applied the established principles for assessing misleading or deceptive conduct under section 52, focusing on whether the conduct, viewed objectively, had the capacity to mislead or deceive a reasonable member of the relevant audience. The judges examined the evidence presented to ascertain whether the defendants' actions were likely to create a false impression in the mind of the plaintiff, thereby causing him to suffer detriment. The court's reasoning would have involved a careful analysis of the factual matrix and its alignment with the statutory prohibition.