Polley v Johnson & Anor

The case of *Polley v Johnson & Anor* concerned a dispute between the appellant, Polley, and the respondents, Johnson and another. The proceedings originated in the Supreme Court of Queensland and were appealed to the High Court of Australia. The core of the dispute involved allegations of misleading and deceptive conduct under the *Trade Practices Act 1974* (Cth) (now the *Competition and Consumer Act 2010* (Cth)) and the tort of deceit.

The High Court was required to determine whether the respondents had engaged in conduct that was misleading or deceptive, or likely to mislead or deceive, in contravention of the *Trade Practices Act*. Additionally, the court had to consider whether the respondents had made fraudulent misrepresentations with the intention of deceiving the appellant, thereby constituting the tort of deceit. A further issue was the proper assessment of damages, should liability be established.

The High Court found that the respondents had engaged in misleading and deceptive conduct. The court reasoned that the representations made by the respondents, viewed objectively, were likely to mislead a reasonable person in the position of the appellant. The court applied the principles established in cases concerning misleading or deceptive conduct, focusing on the effect of the representations on the target audience. Regarding the tort of deceit, the court held that the appellant had not discharged the onus of proving fraudulent intent on the part of the respondents, a necessary element for that cause of action. The court therefore allowed the appeal in part, upholding the finding of misleading and deceptive conduct but dismissing the claim in deceit.