Wong v Citibank Ltd

The appeal concerned a dispute between Mr. Wong and Citibank Ltd. The core of the disagreement involved allegations of contravention of section 42 of the *Fair Trading Act 1987* (NSW) and section 52 of the *Trade Practices Act 1974* (Cth). The matter was heard in the Court of Appeal of New South Wales.

The legal issues before the court were whether a contravention of either section 42 or section 52 required an intent to mislead or deceive, and whether a party merely passing on false information supplied by another could be held liable under these provisions. Furthermore, the court had to determine the factual question of whether the conveyor of a false representation was adopting it, or acting as a mere conduit, and whether an employee acting within the scope of their employment could be personally liable for breaches of these sections.

The Court of Appeal held that neither section 42 nor section 52 necessitates an intention to mislead or deceive. It clarified that a party conveying false information does not automatically contravene these sections; the critical factual determination is whether the conveyor, in the eyes of the relevant section of the public, adopts the representation. The court affirmed that an employee acting within the scope of their employment can indeed be held liable for breaches of section 42 of the *Fair Trading Act* and section 52 of the *Trade Practices Act*.

The appeal was dismissed, and Mr. Wong was ordered to pay Citibank Ltd's costs.