A professional commercial real estate agent who compiles and publishes a brochure from information obtained from its client will generally not be treated as a 'mere conduit' and will be liable for misleading and deceptive conduct in the brochure. A contractual clause disclaiming reliance on matters outside the contract does not operate as a defence to statutory claims for misleading and deceptive conduct. A professional commercial real estate agent will seldom be considered 'vulnerable' for the purposes of establishing a duty of care for pure economic loss owed by the vendor's director. Accessorial liability under s 75B TPA requires proof that the alleged accessory had knowledge of the essential elements of the contravention, and mere status as sole director of the contravening company is insufficient without evidence of actual knowledge of the specific misleading conduct.
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