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The intention of the business is immaterial if the overall impression of the business advertisement, promotion, statement or quotation is misleading, such conduct amounts to violation of law. Sam and Yasmin may bring an action against the proprietors of Greek on the Go under section 18 of the ACL for being engaged in misleading conduct.
Fourthly, there must be a connection between the conduct of the defendant and the misconception. As per the facts of the case, the use of the term ‘Chef’s Own Recipes’ forms an erroneous conclusion amongst the targeted audience who might believe that the recipe belonged to Yobe’s Café. There is a connection between the conduct and the misconduct as the owner of the café intentionally made false and misleading statements about the recipe to deceive the targeted audience to believe the same.
The Greek on the go are entitled to claim damages under section 236 of the ACL. They may obtain an injunction order from the court against the Yobe’s cafe or obtain compensatory order under section 237 of the ACL, becoming entitled to compensation from the owners of the Yobe’s café.
Charlesworth, Sara, and Fiona Macdonald. "Women, work and industrial relations in Australia in 2014." Journal of Industrial Relations 57.3 (2015): 366-382.
Competition and Consumer Act 2010 (cth)
Corones, Stephen G. Competition law in Australia. Thomson Reuters Australia, Limited, 2014.
Equal Opportunity Act 2010
Howells, Geraint, and Stephen Weatherill. Consumer protection law. Routledge, 2017.
Kariyawasam, Kanchana, and Shaun Wigley. "Online shopping, misleading advertising and consumer protection." Information & Communications Technology Law 26.2 (2017): 73-89.
Slot, Piet Jan, and Matin Farley. An Introduction to Competition Law. Bloomsbury Publishing, 2017.
Stewart, Andrew. Stewart's guide to employment law. Vol. 3. Sydney: Federation Press, 2013.
Taco Company of Australia Inc. v Taco Bell Pty Ltd  FCA 136; (1982) 42 ALR 177
Thampapillai, Dilan, et al. Australian Commercial Law. Cambridge University Press, 2015.
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