In PFJV Pty Ltd v Bartter Enterprises Pty Ltd [2024] QSC 114, the Supreme Court of Queensland, presided over by Chief Justice Bowskill, dismissed the claim made by PFJV Pty Ltd. The plaintiff alleged misleading and deceptive conduct by the defendant under s 18 of the Australian Consumer Law (ACL), in the context of purchasing a broiler chicken farm in 2016. The case revolved around a conversation between the plaintiff's director, Mr. Vorster, and the defendant's Queensland general manager, Mr. Rapa, in which Mr. Vorster contended that critical information regarding the possible closure of the defendant’s Ipswich processing plant in 2017 was not disclosed.
The court found there was insufficient evidence to establish that the defendant knew it was probable the Ipswich plant would close at the time of the contested conversation. Moreover, the court held that even if such information should have been disclosed, there was no reasonable expectation of disclosure in the given context. Additionally, the plaintiff failed to demonstrate reliance on the non-disclosed information in its decision to purchase the farm, further leading to the dismissal of the claim. Consequently, the court ruled that no misleading or deceptive conduct occurred, and the plaintiff’s claim was unsuccessful.