Tasmanian Sandstone Quarries Pty Ltd v Legalcom Pty Ltd [2011] HCATrans 23

Tasmanian Sandstone Quarries Pty Ltd (the applicant) sought special leave to appeal to the High Court of Australia from a decision of the Full Federal Court. The dispute concerned the interpretation and application of certain provisions of the *Trade Practices Act 1974* (Cth) (now the *Competition and Consumer Act 2010* (Cth)) in relation to alleged misleading or deceptive conduct by Legalcom Pty Ltd (the respondent).

The primary legal issue before the High Court was whether the Full Federal Court had erred in its determination that the respondent's conduct in relation to the applicant's acquisition of certain software constituted misleading or deceptive conduct in trade or commerce, contrary to section 52 of the *Trade Practices Act 1974*. This involved considering whether the representations made by the respondent were of a character likely to mislead or deceive a reasonable member of the class of persons to whom they were directed.

The High Court granted special leave to appeal, indicating that there were substantial questions of law to be determined. The reasoning of Gummow, Crennan and Kiefel JJ focused on the proper construction of section 52 and the principles governing the assessment of misleading or deceptive conduct, particularly in the context of commercial transactions involving complex software. The Court considered the nature of the representations made, the knowledge and experience of the applicant, and whether the overall impression conveyed by the respondent's conduct was likely to mislead. The Court ultimately found that the Full Federal Court had correctly applied the relevant legal principles.

The High Court dismissed the application for special leave to appeal, with costs.