Australand Holdings Ltd v Transparency & Accountability Council Inc

The matter before the court was a dispute between Australand Holdings Ltd and Transparency & Accountability Council Inc. Australand alleged that Transparency & Accountability Council Inc had engaged in misleading or deceptive conduct under the Fair Trading Act by threatening to publish certain information about Australand without actually doing so. The defendants argued that their actions did not constitute conduct in trade or commerce and therefore fell outside the scope of the Fair Trading Act.

The primary legal issue before the court was whether the defendants' conduct in threatening to publish information about Australand constituted conduct in trade or commerce. The court also had to determine whether the allegations were misleading or deceptive, whether they constituted injurious falsehood, and whether the defendants had acted with malice. The court also had to consider whether a threat of publication could constitute an improper purpose under the Act.

The court held that the defendants' conduct did not constitute conduct in trade or commerce as it was not an activity that was undertaken for the purpose of gain or profit. The court further held that the allegations were not misleading or deceptive, nor did they constitute injurious falsehood. The court also found that there was no evidence of malice on the part of the defendants. Finally, the court held that a threat of publication did not constitute an improper purpose under the Act.

The court found in favour of the defendants and dismissed the proceedings brought by Australand. The court did not make any orders as to costs.