Hi-Rise Access Pty Ltd v Standards Australia Limited [2017] FCA 604

Hi-Rise Access Pty Ltd v Standards Australia Limited [2017] FCA 604

Although some impugned statements conveyed the alleged representations, including representations that AS 1657-2013 was safer or less risky than the 1992 Standard and was intended to reduce safety risks, those statements were not made in trade or commerce. Standards Australia acted as a not-for-profit peak standards...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
30 May 2017
Procedural Posture
Consumer Law Proceeding Alleging Misleading or Deceptive Conduct Under S 18 of the Australian Consumer Law / Separate Trial of Whether the Alleged Representations Were Conveyed and Whether They Were Made in Trade or Commerce; Proceeding Dismissed
Outcome
Proceeding dismissed.
Legal Topics
['australian Consumer Law S 18' 'australian Standards' 'representations of Fact and Opinion' 'target Audience and Imputed Knowledge' 'conduct in Trade or Commerce' 'publication and Promotion of Standards']
['consumer Law' 'misleading or Deceptive Conduct' 'trade or Commerce'] ['australian Consumer Law S 18' 'australian Standards' 'representations of Fact and Opinion' 'target Audience and Imputed Knowledge' 'conduct in Trade or Commerce' 'publication and Promotion of Standards']

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Procedural Posture

Consumer Law Proceeding Alleging Misleading or Deceptive Conduct Under S 18 of the Australian Consumer Law / Separate Trial of Whether the Alleged Representations Were Conveyed and Whether They Were Made in Trade or Commerce; Proceeding Dismissed

Legal Issues

  1. 1 ['Whether Standards Australia conveyed the alleged General Standards Representations about Australian Standards.' 'Whether Standards Australia conveyed the alleged 2013 Standard Representations about AS 1657-2013 as representations of fact or opinion.' 'What knowledge should be imputed to the target audience of installers, certifiers, engineers and designers of equipment and systems for working at height.' "Whether Standards Australia's conduct in developing, publishing and promoting Standards and AS 1657-2013 was conduct in trade or commerce for s 18 of the Australian Consumer Law."]

Ratio Decidendi

Although some impugned statements conveyed the alleged representations, including representations that AS 1657-2013 was safer or less risky than the 1992 Standard and was intended to reduce safety risks, those statements were not made in trade or commerce. Standards Australia acted as a not-for-profit peak standards body in a quasi-government, public-interest role under its Constitution and Memorandum of Understanding with the Commonwealth. Its development, publication and promotion of Standards were directed to community, economic, regulatory and safety benefits of standardisation, not to increasing sales for the commercial benefit of Standards Australia or SAI Global. Because the...

Court Disposition

Proceeding dismissed.

Orders

  • ['The proceeding be dismissed.']