Thomas & Anor v Woollard & Anor

The case of *Thomas & Anor v Woollard & Anor* concerned a dispute between the Thomases (appellants) and Woollard & Anor (respondents) regarding a contract for the sale of land. The specific nature of the dispute involved allegations of misleading or deceptive conduct in contravention of the *Trade Practices Act 1974* (Cth) (now the *Competition and Consumer Act 2010* (Cth)). The matter was heard on appeal in the High Court of Australia.

The central legal issue before the High Court was whether the conduct of the respondents in relation to the sale of the land constituted misleading or deceptive conduct within the meaning of s 52 of the *Trade Practices Act 1974* (Cth). This required the court to consider the nature of the representations made by the respondents and whether those representations were likely to mislead or deceive the appellants in their capacity as consumers.

The High Court's reasoning focused on the objective test for misleading or deceptive conduct, which requires an examination of the likely effect of the conduct on a reasonable member of the class of persons to whom it is directed. The court considered the specific representations made by the respondents concerning the property and determined that, viewed objectively, these representations were not likely to mislead or deceive the appellants. The court applied established principles regarding the interpretation of representations in commercial dealings, emphasising that mere puffery or statements of opinion, without more, do not typically amount to misleading or deceptive conduct.

The appeal was dismissed.