Lanzer v Lombardo

[2025] VSCA 229

Victorian Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Pleadings
3. › Strike out and summary dismissal
4. › Group proceeding
5. › Application for leave to appeal interlocutory decision
6. › Whether applicant established substantial injustice
7. › Whether amended pleadings disclose a cause of action
8. › Supreme Court (General Civil Procedure) Rules 2015 (Vic), r 23
9. › Civil Procedure Act 2010 (Vic), s 63
1. Consumer Law
2. › False, misleading or deceptive conduct
3. › Identification of conduct
4. › Whether conduct said to convey misleading representations adequately pleaded
5. › Whether representations conveyed by social media posts must be pleaded with precision as to content or gist
6. › Competition and Consumer Act 2010 (Cth), sch 2 (Australian Consumer Law), ss 18, 29, 34
1. Consumer Law
2. › False, misleading or deceptive conduct
3. › Class of persons to whom representations directed
4. › Whether assessment of misleading character to be by reference to individual claimants or hypothetical reasonable person
5. › Whether pleading representations to 'potential patients' causes substantial injustice
6. › Competition and Consumer Act 2010 (Cth), sch 2 (Australian Consumer Law), ss 18, 29, 34
1. Consumer Law
2. › False, misleading or deceptive conduct
3. › Accessorial liability
4. › Whether pleaded facts and particulars of knowledge adequate to establish accessorial liability
5. › Nature of involvement required
6. › Whether knowledge and participation in sales system sufficient
7. › Competition and Consumer Act 2010 (Cth), sch 2 (Australian Consumer Law), s 2

Quick Take

Where a claim for misleading or deceptive conduct alleges that implied representations were conveyed through social media posts, the pleading must identify with precision the content or at least the gist of the posts, and cannot simply plead the representation as the conduct.