Where a professional makes voluntary statements that are 'half-truths' — creating a positive impression while deliberately withholding material adverse information — the relevant misleading or deceptive conduct under s 52 TPA is the non-disclosure of the whole truth, not the express statements themselves. Causation is to be assessed by asking whether the non-disclosure was a cause of the loss, not whether the express statements induced the plaintiff to act. A professional who voluntarily addresses a topic may owe a duty of care in tort to provide accurate, complete and balanced information on that topic, even if the contractual retainer does not extend to advising on that subject matter.
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