Question
Barossa Grapes Pty Ltd (Barossa Grapes) is a large winemaker which is located about one hour's drive from Adelaide. Barossa Grapes sells a range of
Barossa Grapes Pty Ltd ("Barossa Grapes") is a large winemaker which is located about one hour's drive from Adelaide. Barossa Grapes sells a range of different wines to bottle-shops and restaurants. Sam runs a chain of Italian restaurants in the Adelaide area. Sam recently obtained a liquor licence, and started to look for wine suppliers.
Sam contacted Barossa Grapes' and spoke to Lauren, a sales representative. During the course of the conversation Lauren told Sam that "Barossa Grapes" had won the "2019 Barossa Valley Wine Connoisseurs Award - Best New Winemaker".
Sam was impressed and signed a 12 month supply contract with Barossa Grapes.
Later, Sam discovers that the Barossa Valley Wine Connoisseurs Awards are relatively unknown, and that 2019 was the first time these awards were given. He also discovers that Barossa Grapes came last in the Best New Winemaker category in 2019 in two other widely recognised wine awards.
Has Barossa Grapes engaged in misleading or deceptive conduct in contravention of the Australian Consumer Law?
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