Chu v Chen

[2025] NSWCA 76

NSW Court of Appeal

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Interrogate

Catchwords

1. Consumer Law
2. › Australian Consumer Law
3. › Misleading or deceptive conduct
4. › False or misleading representations as to services
5. › Whether primary judge required to make express finding of falsity where falsity not put in issue at trial
6. › Competition and Consumer Act 2010 (Cth), sch 2, ss 18, 29(1)(b)
7. › Australian Securities and Investments Commission Act 2001 (Cth), ss 12DA, 12DB(1)(a)
1. Practice and Procedure
2. › Adequacy of judicial reasons
3. › Duty to decide central controversies
4. › Whether judge required to make findings on matters not put in issue by the parties
5. › Standard common law judicial technique of deciding no more than what needs to be decided

Quick Take

A trial judge is not required to make express findings on the falsity of representations under s 29(1)(b) of the ACL or s 12DB(1)(a) of the ASIC Act where the respondent did not put falsity in issue at trial, and the standard common law judicial technique of deciding no more than what needs to be decided applies.