FEDERAL COURT OF AUSTRALIA

ROBIN PTY LTD v CANBERRA INTERNATIONAL

AIRPORT PTY LTD

[1999] FCA 1019

SUMMARY

Introduction

1                     In accordance with the practice of the Federal Court in certain cases of public interest, the Court has prepared a brief summary to accompany the reasons for judgment that are to be delivered today.  It must, of course, be emphasised that the only authoritative pronouncement of the Court’s reasons is that contained in the published reasons for judgment.  This summary is intended to assist in understanding the principal conclusions reached by the Court, but does not form part of and is no substitute for the judgment of the Court.

Summary of Judgment

2                     Robin Pty Limited (“the applicant”) owns land to the south of Canberra Airport.  The Queanbeyan City Council has approved rezoning of the land for residential subdivision, and the matter is now before the responsible Minister in New South Wales.  Canberra International Airport Pty Limited (“the first respondent”) is the operator of Canberra Airport, and Mr Terrence Snow (“the second respondent”) is its Executive Chairman.  The applicant alleges that the respondents have breached s 52 of the Trade Practices Act 1974 (Cth) by engaging in misleading and deceptive conduct in the course of making public statements, in May this year, concerning the effect of aircraft noise upon residents of the subdivision if it is permitted.

3                     For conduct to be in breach of s 52, it must be conduct “in trade or commerce”.

4                     The respondents successfully argued that the conduct complained of was not in trade or commerce. 

5                     It was thus unnecessary for the Court to decide whether, on the merits of the case, the respondents had been guilty of misleading or deceptive conduct as alleged by the applicant.

Gyles J

Sydney

28 July 1999

The full text of the judgment and this summary are available at www.fedcourt.gov.au