Willigen v The Geelong Truck Company Pty Ltd

In *Willigen v The Geelong Truck Company Pty Ltd*, the County Court of Victoria considered a dispute concerning an alleged breach of contract and misleading or deceptive conduct. The applicant, Mr Willigen, claimed that the respondent, The Geelong Truck Company Pty Ltd, had breached their agreement and engaged in conduct that misled him regarding the sale of a truck.

The court was required to determine whether a binding contract for the sale of the truck had been formed between the parties. Further, it needed to assess whether the respondent's conduct in relation to the sale of the truck constituted misleading or deceptive conduct in contravention of the Australian Consumer Law.

Judge A Kelly found that no binding contract had been formed. The court reasoned that the parties had not reached a concluded agreement on essential terms, specifically the price and the date of delivery. Consequently, there was no breach of contract. Furthermore, the court determined that the respondent's actions did not amount to misleading or deceptive conduct under the Australian Consumer Law, as there was no misrepresentation or misleading conduct that induced the applicant to enter into an agreement. The court therefore found in favour of the respondent.