27 Aug 2014
GODFREY HIRST NZ LIMITED V CAVALIER BREMWORTH LIMITED CA564/2013 [2014] NZCA 418
- Citation
- [2014] 3 NZLR 611
- Court
- Court of Appeal
The Court of Appeal held the High Court erred by imposing an excessively high expectation that consumers would click and fully digest complex qualifying terms; the website's headline representations conveyed a dominant misleading impression about the scope and effect of warranties (stain/soil/fade/abrasive wear) which was not neutralised by limited prominent qualifiers or a hyperlink; accordingly the website and certain sample‑label representations were misleading in breach of ss 9 and 13(i) and the High Court judgment is set aside insofar as inconsistent with this conclusion.