Reference no: EM133388524

J-Rocks Silverstone is an upcoming young producer specialising in Afro-beats style dance music. J-Rocks' studio is located in Melbourne, in the trendy inner-city location of Footscray. Mostly, J-Rocks works with clients using digital technology; clients upload their audio files to J-Rocks' web-based platform, and then J-Rocks downloads the audio file to his digital mixing system before he then works his musical magic on the remix.

J-Rocks won the 2021 award for 'Producer of the Year' in the Afro-beats category at the International Musica Africa Awards and he wants to take advantage of the publicity and work with the many local and international artists who now want him to remix their work. He realises he will need a much better internet service in order for clients to upload their audio files at acceptable speed to his web-based platform and so he talks to Kangaroo Internet Pty Ltd (Kangaroo Internet) about an internet plan suitable for his business.

After J-Rocks explained how his business worked, and the need for clients to be able to upload extremely large audio files at super-fast speeds to his platform, the salesperson at Kangaroo Internet suggested the

"Super-econimo Plan for Business'. The salesperson said "I get you. Your clients will not feel the drag on the Super-econimo Plan, for real. Upload speeds are around 200 Mbps (megabits per second). You can expect download speeds of double that. And all for a great price: just $250 per month."

After three months on the Super-econimo Plan, J-Rocks finds that the 200 Mbps upload speed is only available at low internet traffic periods (very early in the morning around 3am till Sam) and after that speeds drop to about 90%, and at the peak internet traffic period of 5pm-7pm the speed drops to about 30 GBs per second.

a. Advise J-Rocks whether he would be successful in an action for misrepresentation under common law.

b. Advise J-Rocks whether he would be successful in an action for misleading conduct under Australian Consumer Law.