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Consumers will always want the best price they can get and when advertising, many businesses compare their prices with their competitors.

Recently top furniture chain Nick Scalli has gone head to head with budget chain Super A Mart claiming that they have undertaken in misleading and deceptive conduct featured in one of their TV advertisements.

Super A Mart advertised one of their lounge suites with a reference made to a Nick Scalli suite being double the price.

The courts came to the decision that the advertisement was misleading and deceptive as the Nick Scalli lounge suite was actually of higher quality and of larger dimensions.

Super A Mart was ordered to not show the commercial or advertise the lounge suite in that nature, and pay 80% of Nick Scalli’s legal costs.

Nick Scalli was not entitled to damages as they were unable to show a loss of income or sales from the advertisement.

It is important when advertising a product to the public to ensure you take into consideration the overall impression of the advertisement and not just the words that are used.

In this case it was not conveyed that the lounge suites where actually the same but that is the impression that the consumer may have.

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Charles Lethbridge

Charles Lethbridge

  • Senior Associate
  • Commercial Litigation
  • Direct line: 07 5506 8240
  • Mobile: 0421 885 195