Village Building Company Limited v Canberra International Airport Pty Limited (No 2) [2004] FCA 133

FEDERAL COURT OF AUSTRALIA

Village Building Company Limited v Canberra International Airport Pty Limited (No 2) [2004] FCA 133 TRADE PRACTICES – whether conduct in trade or commerce – statements made in the context of public and political debate – representations made for the purpose of securing the performance of statutory duties – representations designed to advance, maintain or protect commercial interests – representations made to persons with whom there is no commercial relationship TRADE PRACTICES – whether conduct of an authority of the Commonwealth was engaged in as part of carrying on a business – conduct pursuant to a ministerial direction – no fee charged for the function performed – that function a distinctly governmental activity Trade Practices Act 1974 (Cth) ss 2A, 52 Airports Act 1996 (Cth) ss 70, 71, 72, 77, 79, 83, 84 Air Services Act 1995 (Cth) ss 7, 13, 16, 45, 46, 53 Australian Associated Motor Insurers Ltd v NRMA Insurance Ltd (2002) 124 FCR 518 cited Brown v Riverstone Meat Co Pty Ltd (1985) 60 ALR 595 cited Concrete Constructions (NSW) Pty Ltd v Nelson (1990) 169 CLR 594 applied Corrections Corporation of Australia Pty Ltd v Commonwealth (2000) 104 FCR 448 applied Fasold v Roberts (1996) 70 FCR 489 cited Glorie v WA Chip & Pulp Co Pty Ltd (1981) 39 ALR 67 cited Hearn v O'Rourke [2003] FCAFC 78 considered Hope v Bathurst City Council (1980) 144 CLR 1 cited J S McMillan Pty Ltd v The Commonwealth (1997) 77 FCR 337 applied Merman Pty Ltd v Cockburn Cement Ltd (1988) 84 ALR 521 cited Mid Density Development Pty Ltd v Rockdale Municipal Council (1992) 39 FCR 579 cited NT Power Generation v Power and Water Authority (2002) 122 FCR 399 applied Paramedical Services Pty Ltd v Ambulance Service (NSW) [1999] FCA 548 cited Plimer v Roberts (1997) 80 FCR 303 cited Robin Pty Ltd v Canberra International Airport Pty Ltd (1999) 179 ALR 449 followed Saitta Pty Ltd v Commonwealth (2001) 162 FLR 35 cited Sirway Asia Pacific Pty Ltd v Commonwealth of Australia [2002] FCA 1152 cited State of New South Wales v R T & Y E Falls Investments Pty Ltd (2003) 57 NSWLR 1 applied Tobacco Institute of Australia Ltd v Australian Federation of Consumer Organisations Inc (1992) 38 FCR 1 cited THE VILLAGE BUILDING COMPANY LIMITED ACN 056 509 025 v CANBERRA INTERNATIONAL AIRPORT PTY LIMITED ABN 14 080 361548, AIRSERVICES AUSTRALIA No A59 of 2002 FINN J 25 FEBRUARY 2004 ADELAIDE (HEARD IN CANBERRA)