Stavrianos v Coles Myer Ltd

In *Stavrianos v Coles Myer Ltd* [1995] NSWCA 452, the New South Wales Court of Appeal considered an appeal by the plaintiffs against a decision of the Supreme Court of New South Wales. The dispute concerned the plaintiffs' claims for damages arising from alleged breaches of contract and misleading or deceptive conduct by the defendant, Coles Myer Ltd.

The primary legal issues before the Court of Appeal were whether the trial judge had erred in finding that the defendant had not breached its contractual obligations to the plaintiffs and whether the defendant's conduct amounted to misleading or deceptive conduct in contravention of the relevant legislation. The court was also required to consider the proper assessment of damages, should liability be established.

The Court of Appeal analysed the terms of the agreements between the parties and the conduct of Coles Myer Ltd in light of the relevant contractual principles and the provisions of the *Trade Practices Act 1974* (Cth). The court ultimately found that the trial judge had correctly determined that there was no breach of contract and no misleading or deceptive conduct. The reasoning focused on the interpretation of the contractual terms and the absence of evidence to support the plaintiffs' allegations of misrepresentation or misleading conduct. The appeal was dismissed.