Demagogue Pty Ltd v Ramensky

Silence can amount to misleading or deceptive conduct under s 52 of the Trade Practices Act 1974 (now s 18 of the Australian Consumer Law) where, having regard to all the circumstances, there is a reasonable expectation that a particular fact would be disclosed; silence is to be assessed as a circumstance like any other rather than under a distinct 'mere silence' rule.