04 February 2011
This case was a misleading and deceptive prosecution concerning the respondent’s “program” to cure cancer.
The judge held the representations of a personal trainer, Mr Darryl Jones, were false, misleading or deceptive under the then sections 52 and 53 of the Trade Practices Act. The court granted an injunction to restrain Mr Darryl Jones from making cancer treatment claims.
The court noted that ss52 and 53 extend to individuals under s6. The court held that Mr Jones did not have reasonable grounds for expressing his opinions, which are determined objectively and not by reference to Mr Jones’state of mind. The court found that reasonable grounds were not established by Mr Jones’ clients giving evidence as to their cure, with no evidence of statistical reliability or scientific support.
Matthew Bransgrove holds a Bachelor of Laws and was admitted to the NSW Supreme Court in 1992. He has presented over fifteen papers for the NSW College of Law on mortgage related topics. He is a co-author of the 2008 LexisNexis textbook ‘The Essential Guide to Mortgage Law in NSW’. He has written ten articles for the NSW Law Society Journal. His articles in the NSW Law Society Journal and his textbook have both been cited with approval by the NSW Supreme Court. He has practised exclusively in the field of mortgage law and mortgage related litigation since 1998.