A statement of claim alleging misleading or deceptive conduct under s 52 of the Trade Practices Act 1974 (Cth) must plead the material facts constituting the contravention, not merely state the conclusion that conduct was misleading or deceptive. Particulars cannot cure the absence of material facts in the body of the pleading. The question whether exemplary damages are available for s 52 contraventions was left open.
The full text is available to signed-in members, including the 61 later cases that cite this judgment.
1 of the 61 citing cases carry a classified treatment. How each court treated it is available to signed-in members.