Consider whether the representations and conduct in the following scenarios constitute misleading or deceptive under s 18 of the ACL. Use relevant statute and case law to support your answers:

1. Serge, who recently moved to Melbourne to complete his university studies, contacts Gelstra Mobiles to buy a smart phone and signs into a mobile plan. He tells the salesperson (Robert) he needs the smart phone for his studies and to contact his family in Italy. Robert responds "You should totally buy the iPhone 13 it will definitely suit your needs! If you also sign up with a mobile plan with Gelstra, you can contact your family anytime in Italy at no extra cost!" Robert, however, fails to tell Serge that the coverage is poor in the area where he lives due to the tall skyscrapers and that calls to Italy are free for only the first 10 minutes. After 10 minutes, the caller will be charged an extra $.50 cents per minute.

2. Lilly is selling her Italian restaurant to Luis who plans to turn it into a Japanese restaurant. When Luis asks the reason for the sale, Lilly replies "Oh you know, just need to do something else." She does not mention that she is selling because a new restaurant is opening nearby. Before Luis purchases the restaurant, he asks Lilly for her opinion on whether people in the area like to eat Japanese food. She replies "I'm not entirely sure. The restaurant I operated was Italian. People generally do like Japanese food, but I don't know for certain about this area." It later turns out that Japanese food was not very popular in the area.