Concrete Constructions (NSW) Pty Limited v Nelson

Concrete Constructions (NSW) Pty Limited (the appellant) appealed to the High Court of Australia against a decision concerning the application of section 52 of the *Trade Practices Act 1974* (Cth). The dispute centred on whether a misleading or deceptive statement made by a foreman to a labourer regarding the condition of a worksite constituted conduct "in trade or commerce" for the purposes of the Act. The appellant argued that while the statement was misleading and made by a corporation engaged in building construction, it did not fall within the scope of section 52.

The central legal issue before the High Court was the interpretation of the phrase "in trade or commerce" as it applies to section 52 of the *Trade Practices Act 1974* (Cth). Specifically, the Court had to determine whether a statement made by an employee of a corporation to another employee, in the context of carrying out the corporation's business activities, could be considered conduct "in trade or commerce" within the meaning of the section. The Court was not concerned with the definition of "trade" or "commerce" themselves, but rather the prepositional phrase that limits the scope of conduct to which the section applies.

The High Court reasoned that section 52 of the *Trade Practices Act 1974* (Cth) is concerned with conduct that affects the public or a section of the public in their dealings in trade or commerce. The Court held that a statement made by a foreman to a labourer, even if misleading and made in the course of the employer's business, was an internal communication between employees and did not engage with the public or a section of the public in their commercial dealings. Therefore, such conduct was not "in trade or commerce" for the purposes of section 52. The appeal was allowed.