Damages for Misleading Conduct

There must be a breach

Once it is clear that a person has misled another person in a way that is contrary to the legislation e.g. section 18 of the ACL then a range of orders can be made if there was reliance on the misleading conduct.

Broad Range of Orders

Depending upon the circumstances, and provided the claim is brought within time, the following types of orders can be made: –

• declarations as to rights
• injunctions to compel or restrain particular conduct
• damages orders to compensate.

Some Orders Can Only Be Made in Certain Courts

Some orders, such as an order to compensate under section 237 of the ACL can only be made in some jurisdictions including the Supreme Court and Federal Court of Australia.

For more information contact our commercial litigation lawyers in Sydney, NSW.

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