Albert is a well-known local councillor, who is fulfilling his lifelong dream to open a fish and chips shop, so he purchased an eat-in fish and chips caf from Fry Investments. During pre-contractual negotiations, the owner of Fry Investments led Albert to believe that the cafe has the capacity to seat 44 paying customers, and, indeed, the layout of tables and chairs confirms that capacity. Under the terms of the fire restrictions, however, the seating capacity is limited to 28 paying customers, which significantly affects the cafe's profitability.

Is Fry Investments in contravention of s 18 of the Australian Consumer Law?