CONSUMER LAW – prohibitions against misleading or deceptive conduct and false or misleading representations – where applicants published a large number of newspaper, radio, and television advertisements promoting the purchase of home and electrical goods from the second applicant’s franchised stores by equal monthly payments of the purchase price for the goods over 60 months on “no deposit” and “no interest” terms (the promotion) – whether an ordinary and reasonable consumer would have been misled by the promotion – where grounds of appeal do not raise a point of law or legal principle or challenge any findings of primary fact – grounds principally concerns what an ordinary and reasonable consumer would have understood or been led to believe from the advertisements – no error in primary judge’s assessment – appeals dismissed PRACTICE AND PROCEDURE – applications seeking leave to appeal from declaratory orders under s 24(1A) of the Federal Court of Australia Act 1976 (Cth) – relevant considerations to the grant of leave – where grounds of appeal lack merit and refusal of leave would not occasion prejudice – leave granted because principal proceeding already disrupted and the Court had given close consideration to the grounds of appeal
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/full/2025/2025fcafc0124For more information, see the original judgement.
