Regie National Des Usines Renault SA & Anor v Zhang

The High Court of Australia, in chambers, considered an application by Regie National Des Usines Renault SA and another party for special leave to appeal from a decision of the Full Court of the Federal Court of Australia. The underlying dispute concerned allegations of misleading and deceptive conduct in contravention of the *Trade Practices Act 1974* (Cth) (now the *Competition and Consumer Act 2010* (Cth)) and the *Australian Consumer Law*. The applicants sought to challenge the Full Court's finding that they had engaged in such conduct.

The primary legal issue before the High Court was whether the Full Court of the Federal Court had erred in its interpretation and application of the relevant provisions of the *Trade Practices Act 1974* (Cth) and the *Australian Consumer Law* concerning misleading or deceptive conduct. Specifically, the applicants contended that the Full Court had misconstrued the nature of the representations made and their potential to mislead or deceive consumers in the Australian market.

Gummow J, in chambers, refused special leave to appeal. His Honour's reasoning focused on the absence of any arguable error of law in the Full Court's decision. The Full Court had, on the facts before it, found that the representations made by the applicants were indeed misleading or deceptive, and that this finding was supported by the evidence. There was no indication that the Full Court had applied an incorrect legal test or had failed to properly consider the relevant statutory provisions. The application for special leave was therefore dismissed.