Question 1- Australian Consumer Law

With the easing of travel restrictions as a result of the pandemic, Sailaway set up an online search and price comparison website where consumers can compare cruise offers for particular dates and locations. On its website, Sailaway states in bold print "CHEAPEST CRUISES AVAILABLE" and "TOP OFFERS". CruiseCo, another search and price comparison website with a long-standing internet presence, has accused Sailaway of misleading consumers, as it has discovered that the cruises which appear in the 'Top Offer' position on Sailaway's website, are not the cheapest cruises available.

After an investigation, it has been discovered that whichever cruise is paying Sailaway the most will appear in the 'Top Offer' position and is not the cheapest cruise available.

Using relevant legal principles, answer the following questions:

1. Is CruiseCo allowed to bring an action against Sailaway? (20% of question)
2. Discuss whether Sailaway has breached section 18 of the Australian Consumer Law and what remedies may be available.