ALDI Foods Pty Limited as General Partner of ALDI Stores (a Ltd Partnership) v Transport Workers' Union of Australia

ALDI Foods Pty Limited as General Partner of ALDI Stores (a Ltd Partnership) sought relief from the Transport Workers' Union of Australia for allegedly misleading and deceptive conduct under the Australian Consumer Law and injurious falsehood in tort. The court considered whether the union, which was engaged in protests aimed at promoting road transport safety, was a trading corporation and whether its statements were made in trade or commerce. The court held that the union was not a trading corporation and that the statements were not made in trade or commerce, and thus, the union was not liable for misleading or deceptive conduct under the Australian Consumer Law. Additionally, the court held that the tort of injurious falsehood required proof of actual damage, which was not established by ALDI, and thus, the claim for injunctive relief failed. The court dismissed the proceeding.

The court considered whether the union was a trading corporation and whether the statements made by the union were made in trade or commerce. The court found that the union was not a trading corporation because its primary activity was not trading but rather promoting road transport safety. The court also found that the statements made by the union were not made in trade or commerce but were part of an industrial campaign. Therefore, the union was not liable for misleading or deceptive conduct under the Australian Consumer Law. The court further held that the tort of injurious falsehood required proof of actual damage, which was not established by ALDI. The court found that even if some damage had occurred, it was not sufficient to found any injunctive relief. The court dismissed the proceeding.