In 2018, three billboards popped up at what is now the location of one of Canberra's most controversial developments.
Their message, spruiking Woden luxury apartments minutes from the City, has been labelled "a half-truth".
"Your Canberra Metro terminal stops here," two of the 10 metre-high advertisements read, complete with an image of a shiny, red tram.
Six years down the track and buyers of units in the $170 million Grand Central Towers building are still waiting for their stop.
In an ACT Supreme Court judgment published on Thursday, advertising for Zapari and Geocon's development was found to be false, misleading or deceptive.
Buyers were sold a light rail stop one-minute from the building, 10-minute travel time via tram to the City, and a seven per cent rental yield.
The Barr government is now working towards a construction period of 2028 to 2033 for the Woden leg of the light rail project.
Acting Justice Greg Curtin labelled the claims in the advertising "a half-truth".
"To a reasonable consumer passing by and seeing the billboards, even with passing attention, the simple and unequivocal message conveyed was that there would be a metro terminal 'here'," he found.
The judge said this message was emphasised by a logo which showed "two vertical towers, with two light trams at their base".
"The simple point was that the construction of Stage 2B may not have eventuated because it may not have secured one of the necessary approvals, or an unknown technical restraint was discovered, or the Liberal opposition won either or both of the October 2020 or 2024 elections."
The deceptive marketing related to the billboards, a 36-page colour brochure, a three-and-a-half minute promotional video, a flyer, several promotional emails, and website marketing.
Acting Justice Curtin's decision comes after the Fair Trading Commissioner began court action in 2019 against Geocon Bowes Street, Bowes Street Developments, Zapari Property, GRE Sales and GZ Developments over their 430-unit project.
In the latest decision, the judge said the advertisers knew that "readers of the billboards would include everyone who walked past them, and that would include the shrewd and the ingenuous, the educated and the uneducated".
The brochure, dated to March 2018, stated the Bowen Place development would be "one minute to Woden bus terminal and future light rail terminal".
"Stage 2 of the $900 million Light Rail Network will also link residents directly to Capital Hill, the Canberra CBD and beyond," it read.
"Rail travel is set to play an increasingly significant part in Woden's future with the approval of Stage 2 of the light rail, so there are many synergies."
This stage of the light rail is still yet to be officially approved and planning continues.
Acting Justice Curtin found the graphic design of a disclaimer in the brochure "served to de-emphasise it and its message".
"Its font was so small, the print so faint, its position was in the least noticeable part of the document, and the wording was feeble," he said.
The marketing was found to have been contracted to GRE Sales by GZ Developments.
The case will return to court at a later date.
