Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Robin Pty Ltd v Canberra International Airport Pty Ltd
[1999] FCA 1019
TRADE PRACTICES – Misleading and deceptive conduct – respondents made statements concerning the effect of aircraft noise upon residents of a proposed subdivision if rezoning of that land was permitted – whether the representations were made "in trade or commerce" – whether representations complained of must occur in the representor's trade or commerce.
WORDS AND PHRASES – "in trade or commerce"
Trade Practices Act 1974 (Cth) ss 51A, 52
Airports Act 1996 (Cth)
Concrete Constructions (NSW) Pty Ltd v Nelson (1990) 169 CLR 594, applied
Glorie v WA Chip & Pulp Co Pty Ltd (1981) 55 FLR 310, not followed
Australian Federation of Consumer Organisations Inc v Tobacco Institute of Australia Ltd (1991) 27 FCR 149, discussed
Tobacco Institute of Australia Ltd v Australian Federation of Consumer Organisations Inc (1992) 38 FCR 1, distinguished
Fasold v Roberts (1997) 70 FCR 489, referred to
Plimer v Roberts (1997) 80 FCR 303, referred to
Meadow Gem Pty Ltd v ANZ Executors & Trustee Co Ltd [1999] ATPR (Digest) 53,626, considered
Eighth SRJ Pty Ltd v Merity (1997) 7 BPR 15,189, referred to
Meates v Attorney-General [1983] NZLR 308, cited
Unilan Holdings Pty Ltd v Kerin (1992) 35 FCR 272, cited
O'Brien v Smolonogov (1983) 53 ALR 107, cited
Bevanere Pty Ltd v Lubidineuse (1985) 7 FCR 325, cited
Argy v Blunts & Lane Cove Real Estate Pty Ltd (1990) 26 FCR 112, cited
ROBIN PTY LIMITED (ACN 008 504 149) v CANBERRA INTERNATIONAL AIRPORT PTY LIMITED (ACN 080 361 548) & ANOR N566 OF 1999
GYLES J
28 JULY 1999 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N566 OF 1999
BETWEEN: ROBIN PTY LIMITED (ACN 008 504 149)
Applicant
AND: CANBERRA INTERNATIONAL AIRPORT PTY
LIMITED (ACN 080 361 548)
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