Rigg & Anor v Commonwealth Bank of Australia

The applicants, Mr and Mrs Rigg, brought proceedings against the Commonwealth Bank of Australia in the High Court of Australia concerning the Bank's conduct in relation to a loan facility and a mortgage over the applicants' property. The dispute centred on allegations of misleading and deceptive conduct and unconscionable conduct by the Bank.

The High Court was required to determine whether the Bank had engaged in conduct that was misleading or deceptive, or likely to mislead or deceive, in contravention of s 52 of the *Trade Practices Act 1974* (Cth). Further, the Court had to consider whether the Bank's conduct amounted to unconscionable conduct within the meaning of s 87B of the *Trade Practices Act 1974* (Cth) or under the general law.

Gaudron and Gummow JJ found that the Bank's conduct in relation to the loan facility and mortgage did not amount to misleading or deceptive conduct. Their Honours reasoned that the Bank had not made any misrepresentations or omissions that were likely to mislead the applicants. Regarding the unconscionable conduct claim, the Court held that while the Bank's actions may have been commercially aggressive, they did not reach the threshold of unconscionability at common law or under the *Trade Practices Act 1974* (Cth). The Court emphasised that commercial dealings, even if disadvantageous to one party, do not automatically constitute unconscionable conduct.

The High Court dismissed the applicants' appeal.