Dunn v Australian Society of Certified Practising Accountants

Unreported 29 NOVEMBER 1996 FCA

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(Judgment by: HILL J) Court:

Judges: LOCKHART

HILLTAMBERLIN JJ

Judgment date: 29 NOVEMBER 1996

SYDNEY

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Judgment by:
HILL J

I agree also that the appeal should be dismissed and with the cost order made by the learned presiding Judge. The appellant's challenges to the various advertisements, relying on Part V of the Trade Practices Act 1974 (Cth); failed either because the advertisements fairly construed did not make the representations which Mr Dunn had pleaded or because there was no or insufficient evidence that the advertisements, to the extent that they did make those representations, as alleged, were false.

In agreeing that the appeal should be dismissed it should not be thought that I or the Court in any way endorse the advertisements or have found that they are true and correct. It can be argued that there are representations contained in them, not being those pleaded by Mr Dunn, which, if evidence were pursued, might be shown to be misleading. The respondent would be well advised to give close attention to it's advertising in the future.