Rajski v Wood [No 2]

The New South Wales Court of Appeal heard an appeal concerning a dispute between the appellant, Mr Rajski, and the respondents, Mr and Mrs Wood. The underlying litigation involved allegations of misleading and deceptive conduct in contravention of the *Trade Practices Act 1974* (Cth) and the *Consumer Claims Tribunal Act 1974* (NSW).

The primary legal issues before the Court of Appeal were whether the primary judge erred in finding that the respondents had engaged in misleading and deceptive conduct, and consequently, whether the orders made by the primary judge were appropriate. Specifically, the court considered the nature of the representations made by the respondents and whether they were misleading in the context of the transaction.

The Court of Appeal analysed the evidence presented at trial, focusing on the representations made by the respondents regarding the property in question and the appellant's reliance on those representations. The court applied the principles established in cases concerning misleading and deceptive conduct, considering whether the representations were likely to mislead a reasonable person in the position of the appellant. The court found that the primary judge had correctly assessed the evidence and applied the relevant legal principles.

Consequently, the Court of Appeal dismissed the appeal and affirmed the orders made by the primary judge.