A landlord's failure to disclose that a visible fire protection system is non-operational can constitute misleading or deceptive conduct under s 52 TPA where the objective appearance of the premises conveys a false impression, even without subjective intent to mislead. The test is whether the circumstances are such that a person is entitled to believe that a relevant adverse matter would be communicated if it existed, so that silence conveys a misleading impression. A guarantor cannot set off against liability under a guarantee a cross-claim belonging to the principal debtor.
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