Wykes v Samilk Pty Ltd [No 2]

The New South Wales Court of Appeal heard an appeal concerning a dispute between the applicants, Wykes and others, and the respondents, Samilk Pty Ltd and others. The underlying dispute involved allegations of misleading and deceptive conduct in contravention of the *Trade Practices Act 1974* (Cth) and the *Contracts Review Act 1980* (NSW).

The primary legal issues before the Court of Appeal were whether the primary judge had erred in finding that the respondents had engaged in misleading and deceptive conduct, and whether the primary judge had correctly exercised their discretion in refusing to grant relief under the *Contracts Review Act*. Specifically, the court considered whether the representations made by the respondents were misleading or deceptive in the context of the transactions, and whether the contracts were unjust.

The Court of Appeal, in its reasoning, analysed the evidence presented at trial concerning the representations made by the respondents. It applied the principles established in cases concerning misleading and deceptive conduct, focusing on whether the representations were likely to mislead or deceive a reasonable consumer in the circumstances. Regarding the *Contracts Review Act*, the court reviewed the factors a judge must consider when determining whether a contract is unjust, including the circumstances surrounding the formation of the contract and the relative bargaining power of the parties. The court found that the primary judge had not erred in their findings of fact or in their application of the relevant legal principles.

Consequently, the Court of Appeal dismissed the appeal and affirmed the decision of the primary judge.